IN THE CASE OF: 

		BOARD DATE: 26 October 2023

		DOCKET NUMBER: AR20230003007


APPLICANT REQUESTS: in effect, a physical disability retirement in lieu of separation 
for expiration of term of service.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	DD Form 214 (Report of Transfer or Discharge), effective 15 August 1970
*	DD Form 214 (Report of Separation from Active Duty), effective 13 June 1974
*	Letter, subjected: Denial of Reenlistment
*	Memorandum, subjected: Acknowledgement of Denial of Reenlistment
*	Disposition Form: Request for Project Transition, dated 7 January 1974
*	Department of Veterans Affairs (VA) summary of benefits letter, dated 
12 December 2022
*	VA website printout of Rated Disabilities (partial)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states:

	a.  During the latter part of his tour of duty in Germany at Fliegerhorst Kaserne he 
began having gastrointestinal problems. It began with painful abdominal cramping 
followed by painful stools with blood and mucus with extreme gastritis which caused 
serious loss of weight. He could not perform his duties. After sick call, a doctor, a Major 
if he is not mistaken, sat him down in his office. He remembers him taking a medical 
book from his bookshelf sitting down at his desk informing him that he had Ulcerative 
Colitis (UC). He explained the condition to him and informed him that there was no 
known cause or cure.

	b.  He explained what he would be dealing with the condition for the rest of his life. 
He told him at this point he would need to be hospitalized for treatment. He was sent to 
the Army Hospital in Frankfurt. He cannot remember the exact length of stay but 
remembers being discharged with a prescription of hydrocortisone enemas, Azulfidine 
and prednisone, if he is not mistaken, to include an order for second helpings at the 
mess hall for breakfast, lunch, and dinner to help get his weight back up. His duties 
were limited. After a period, he was told that he had gone into remission which was 
explained to him but that he would have episodes for the rest of his life.

	c.  He was granted service connection for UC through the VA within a year of his 
13 June 1974 discharge from the Army. He suffered with the condition after discharging, 
going in and out of remission from 1974 to 1984 with hospitalization at the Dayton, Ohio 
VA Medical Center. Due to the severity of his condition, his service-connected rating for 
his UC increased through 1984. Due to the severity of the condition, he was admitted to 
the Ohio State University (OSU) Hospital where days later in February of 1984, his 
entire colon and rectum had to be removed leaving him with a permanent Ileostomy. He 
was awarded at that time a VA rating of 100 percent, permanent and totally disabled for 
UC.

	d.  Since then, he has had 5 open abdominal surgeries. They are secondary 
conditions due to his service-connected UC, resulting in the surgical removal of his 
entire colon and rectum.

		1. The initial Total Colectomy at OSU.

		2. While still at OSU recovering, he developed a blockage in his small intestine, 
so they had to open him back up to clear the blockage.

		3. In 1991 he developed another blockage due to adhesions and was admitted to 
Grant Hospital in Columbus, Ohio where his abdomen was opened and the blockage 
and adhesions where repaired.

		4. Due to a Parastomal Hernia in 2012 he was admitted to Hospital in Columbus, 
where the hernia was repaired but because the hernia was near the stoma which was 
on his right abdomen the stoma had to be moved to his left abdomen. The area where 
the stoma was on the right left an approximately 2 1/2 inch wide 2-inch-deep void which 
had to heal from the inside out. It had to be washed out daily with saline and packed 
while hospitalized and after discharge where a nurse came out to do it, then instructed 
his wife on how to do the procedure until fully healed with a follow-up with his surgeon.

		5. In 2013 due to a hernia and adhesions abdominal surgery was again needed 
this time through the OSU Hospital East location. All the surgeries were done through 
the original abdominal surgery scar. None were laparoscopic. Due to the prognosis of 
this condition, he feels that the physician in Germany failed in the process of referring 
him for a Medical Evaluation Board.

	e.  He was diagnosed with UC a chronic and incurable intestinal disease on or about 
June or July of 1973. He received a Denial of Reenlistment letter, dated 8 August 1973, 
within a month or two of his diagnosis. He should have received, after his diagnosis, a 
MEB where more likely than not he would have been either placed on the Temporary 
Disabled Retired List or Permanent Disability Retirement. Instead, he was processed 
back to the States under Project Transition, a program at the time to make the transition 
from military life to civilian life easier. Several programs were offered; he chose law 
enforcement. When he arrived at Fort Knox, he was told that the law enforcement 
program had been cancelled. He was utilized for his remaining service time at the 
reception station and supervising details.

	f.  He feels strongly due to the severity of his UC a MEB was warranted under 
Medical Standards for Military Service: Retention, UC is one of the gastrointestinal 
conditions which is a bar for entrance into the military. If a bar from entrance, it is surely 
a bar for retention. He contends that in his case disability retirement was warranted.

	g.  He provides the following regulation in support of his claim: Department of 
Defense Instruction (DODI) 6130.03, Volume 2 (Medical Standards for Military Service: 
Retention). This instruction establishes policy, assigns responsibilities, and prescribes 
procedures for medical standards/or the Military Services. This volume establishes 
medical retention standards and the Retention Medical Standards Working Group 
(RMSWG), under the Medical and Personnel Executive Steering Committee 
(MEDPERS), to provide policy recommendations related to this instruction. Section 5: 
(Disqualifying Conditions), paragraph 5.12 (Abdominal Organs and Gastrointestinal 
System) states: when considering the conditions listed in this paragraph, the condition 
must persist despite appropriate treatment and impair function to preclude satisfactory 
performance of required military duties of the member's office, grade, rank, or rating. 
Conditions in this paragraph do not meet retention standards if associated with the 
inability to maintain normal weight or nutrition, require repeated procedures or surgery, 
or if the condition requires immunomodulating or immunosuppressant medications. This 
includes inflammatory bowel disease including, but not limited to: Crohn's disease; UC; 
and Ulcerative Proctitis.

3.  The Army Review Boards Agency (ARBA) Case Management Division (CMD) 
contacted the National Archives and Records Administration (NARA) to obtain the 
applicant’s official military personnel file (OMPF). However, his record is not available. 
The applicant’s case will be adjudicated based on the documents he provided.

4.  The applicant enlisted in the Regular Army on 5 December 1967. He served in 
Vietnam. His DD Form 214 shows he was honorably released from active duty and 
transferred to the Ready Reserve on 15 August 1970 for early separation of overseas 
returnee. It also shows he completed 2 years, 8 months, and 11 days net service this 
period; of which 2 years, 2 months, and 19 days were foreign service in U.S. Army 
Pacific.

5.  The applicant provided a letter, subjected: Denial of Reenlistment. It shows he was 
subject to a Qualitative Management Review Board in accordance with Army Regulation 
(AR) 600-200 (Personnel – General – Enlisted Personnel Management System), 
Chapter 4, Section III resulting in a determination that he should be denied further 
reenlistment. He was offered assistance with his transition to civilian life through 
participation in Project Transition.

6.  The applicant provided a memorandum, subjected: Acknowledgement of Denial of 
Reenlistment stating he acknowledges notification of receipt of his denial of reenlistment 
letter, dated 8 August 1973, under the Qualitative Management Program.

7.  The applicant provided a DA Form 2496 (Disposition Form), subject: Request for 
Project Transition, dated 7 January 1974 showing he requested to be released from his 
current military duties to attend a Project Transition Training Course at Fort Knox, KY 
from 4 February 1974 through 3 May 1974. His request was recommended for approval 
and shows his conduct and efficiency as excellent, and he was not under changes, 
investigation, or flagging action which may result in reassignment or separation.

8.  He was honorably discharged on 13 June 1974 for expiration of term of service 
under the provisions of paragraph 2-18 of AR 635-200 (Personnel Separations – 
Enlisted Personnel). 

9.  The applicant provided a VA summary of benefits letter showing a combined service-
connected evaluation of 100 percent. He is considered to be totally and permanently 
disabled due solely to his service-connected disabilities effective 14 December 1984. 
The attached partial VA website printout of Rated Disabilities shows the following:

*	laceration scar on the right index finger – 0 percent effective 22 March 2001
*	post-traumatic stress disorder (PTSD) – 50 percent effective 16 March 2020
*	ileostomy, total colectomy with rectal pain and history of UC – 100 percent 
effective 14 December 1984

10.  AR 600-200 (Personnel – General – Enlisted Personnel Management System) 
prescribes policies and procedures for career management of enlisted personnel; 
classification and reclassification of enlisted soldiers in a military occupational specialty 
(MOS); utilization of enlisted personnel; denying reenlistment under the Qualitative 
Management Program; testing active Army enlisted soldiers under the Enlisted 
Evaluation System (EES); administration of Special Duty Assignment; award of 
Selective Reenlistment Bonus; and promotion and reductions in grade.

	a.  Chapter 4 sets forth policy and prescribes procedures for denying reenlistment 
under the Qualitative Management Program (QMP). This program is based on the 
premise that reenlistment is a privilege for those whose performance, conduct, attitude, 
and potential for advancement meet Army standards.

	b.  Section III describes the qualitative screening subprogram applying to enlisted 
members in grades E-5 through E-9 that will result in a DA-imposed bar to reenlistment 
to those who do not meet Army standards.

11.  The Army rates only conditions determined to be physically unfitting at the time of 
discharge, which disqualify the Soldier from further military service. The Army disability 
rating is to compensate the individual for the loss of a military career. The VA does not 
have authority or responsibility for determining physical fitness for military service. The 
VA may compensate the individual for loss of civilian employability.

12.  Title 38, U.S. Code, Sections 1110 and 1131, permit the VA to award compensation 
for disabilities which were incurred in or aggravated by active military service. However, 
an award of a VA rating does not establish an error or injustice on the part of the Army.

13.  Title 38, CFR, Part IV is the VA’s schedule for rating disabilities. The VA awards 
disability ratings to veterans for service-connected conditions, including those conditions 
detected after discharge. As a result, the VA, operating under different policies, may 
award a disability rating where the Army did not find the member to be unfit to perform 
his duties. Unlike the Army, the VA can evaluate a veteran throughout his or her 
lifetime, adjusting the percentage of disability based upon that agency's examinations 
and findings.

14.  MEDICAL REVIEW:

    a.  The Army Review Boards Agency (ARBA) Medical Advisor was asked to review 
this case.  Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and/or the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  
    b.  The applicant has applied to the ABCMR requesting a referral to the Disability 
Evaluation System.  He states in part:
“During the latter part of my tour of duty in Germany at Fliegerhorst Kaserne I 
began having gastrointestinal problems, it began with painful abdominal 
cramping followed by painful stools with blood and mucus with extreme gastritis 
which caused serious loss of weight.  I couldn't perform my duties.  After sick call 
a doctor, a Major if I am not mistaken, sat me down in his office.  I remember him 
taking a medical book from his bookshelf sitting down at his desk informing me 
that I had Ulcerative Colitis.  He explained the condition to me and informed me 
that there was no known cause or cure.
I was granted service connection for Ulcerative Colitis through the Department of 
Veterans Affairs within a year of my June 13, 1974, Discharge from the United 
States Army.”
    c.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 for the period of Service under consideration 
shows entered the regular Army on 1 June 1971 and received an honorable discharge 
on 13 June 1974 under the provisions provided paragraph 2-18 of AR 635-200, 
Personnel Management – Enlisted Personnel (10 April 1974): Expiration of term of 
service.  
    d.  The separation program designator SPD 201 denotes “Enlisted Personnel - 
Expiration of term of service.”   A Soldier may have a reenlistment code of 3C for a 
number or reasons.  In the U.S. Army, a 3C code indicates that the individual requires a 
waiver for reenlistment.  This might be due to specific disqualifications or circumstances 
related to the individual's previous service. 
    e.  In an undated memorandum, the applicant acknowledged he was being denied 
reenlistment as the result of the Qualitative Management Program:
“I hereby acknowledge notification of the contents of letter, AETFAC-PA, DA, 3d 
Armored Division, SUBJ: Denial of Reenlistment – Qualitative Management 
Program, dated 8 August 1973.  I further understand that the board decision is 
final and that there are no provisions for rebuttal or appeal of the board action.”
    f.  The undated Denial of Reenlist memorandum to the applicant did not directly 
identify the reason for the separation, simply stating:
 “Qualitative screening is one of several management programs initiated by 
Department of the Army to balance personnel assets with personnel strength 
authorizations.  The Army recognizes and appreciates your service and 
contribution to the Army and our country.”
    g.  An earlier DD 214 shows the applicant made the rank of Specialist 5 (E05) on 6 
October 1969 and had not advanced to E06 at the time of his non-select for retention in 
August 1973.
    h.  No medical documentation was submitted with the application and his period of 
Service predates AHLTA.

    i.  There is no evidence the applicant had any duty incurred medical condition which 
would have failed the medical retention standards of chapter 3 of AR 40-501, Standards 
of Medical Fitness, prior to his discharge.  Thus, there was no cause for referral to the 
Disability Evaluation System.  

    j.  Review of his records in JLV shows he has been awarded numerous VA service-
connected disability ratings.  This includes several related to his gastrointestinal illness, 
the first of which was awarded in 1984.  However, the DES only compensates an 
individual for service incurred medical condition(s) which have been determined to 
disqualify him or her from further military service.  The DES has neither the role nor the 
authority to compensate service members for anticipated future severity or potential 
complications of conditions which were incurred or permanently aggravated during their 
military service; or which did not cause or contribute to the termination of their military 
career.  These roles and authorities are granted by Congress to the Department of 
Veterans Affairs and executed under a different set of laws.
 
    k.  It is the opinion of the ARBA Medical Advisor that referral of the applicant’s case to 
the DES is not warranted.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant's request, supporting documents, 
evidence in the records, a medical review, and published Department of Defense 
guidance for liberal consideration of requests for changes to discharges.  

2.  The Board concurred with the conclusion of the ARBA Medical Advisor that the 
evidence does not indicate the applicant had a duty-incurred medical condition that 
failed retention standards and would have been a basis for his referral to the Disability 
Evaluation System. Based on a preponderance of the evidence, the Board determined 
the applicant's discharge upon the expiration of his term of service was not in error or 
unjust. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or 
injustice.  Therefore, the Board determined the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

	 
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to 
timely file within the 3-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) 
provided the authority for separation of enlisted personnel upon expiration of term of 
service (ETS) and the authority and general provisions governing the separation of 
enlisted personnel prior to ETS.

3.  Title 10, USC, chapter 61, provides the Secretaries of the Military Departments with 
authority to retire or discharge a member if they find the member unfit to perform military 
duties because of physical disability. The U.S. Army Physical Disability Agency is 
responsible for administering the Army physical disability evaluation system and 
executes Secretary of the Army decision-making authority as directed by Congress in 
chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation).

	a. Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical 
profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention 
Board; and/or they are command-referred for a fitness-for-duty medical examination.

	b. The disability evaluation assessment process involves two distinct stages: the 
MEB and PEB. The purpose of the MEB is to determine whether the service member's 
injury or illness is severe enough to compromise his/her ability to return to full duty 
based on the job specialty designation of the branch of service. A PEB is an 
administrative body possessing the authority to determine whether or not a service 
member is fit for duty. A designation of "unfit for duty" is required before an individual 
can be separated from the military because of an injury or medical condition. Service 
members who are determined to be unfit for duty due to disability either are separated 
from the military or are permanently retired, depending on the severity of the disability 
and length of military service. Individuals who are "separated" receive a one-time 
severance payment, while veterans who retire based upon disability receive monthly 
military retired pay and have access to all other benefits afforded to military retirees.

	c. The mere presence of a medical impairment does not in and of itself justify a 
finding of unfitness. In each case, it is necessary to compare the nature and degree of 
physical disability present with the requirements of the duties the Soldier may 
reasonably be expected to perform because of his or her office, grade, rank, or rating. 
Reasonable performance of the preponderance of duties will invariably result in a 
finding of fitness for continued duty. A Soldier is physically unfit when a medical 
impairment prevents reasonable performance of the duties required of the Soldier's 
office, grade, rank, or rating.

4.  Title 38 USC, section 1110 (General - Basic Entitlement) states for disability resulting 
from personal injury suffered or disease contracted in line of duty, or for aggravation of 
a preexisting injury suffered or disease contracted in line of duty, in the active military, 
naval, or air service, during a period of war, the United States will pay to any veteran 
thus disabled and who was discharged or released under conditions other than 
dishonorable from the period of service in which said injury or disease was incurred, or 
preexisting injury or disease was aggravated, compensation as provided in this 
subchapter, but no compensation shall be paid if the disability is a result of the veteran's 
own willful misconduct or abuse of alcohol or drugs.

5.  Title 38 USC, section 1131 (Peacetime Disability Compensation - Basic Entitlement) 
states for disability resulting from personal injury suffered or disease contracted in line 
of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of 
duty, in the active military, naval, or air service, during other than a period of war, the 
United States will pay to any veteran thus disabled and who was discharged or released 
under conditions other than dishonorable from the period of service in which said injury 
or disease was incurred, or preexisting injury or disease was aggravated, compensation 
as provided in this subchapter, but no compensation shall be paid if the disability is a 
result of the veteran's own willful misconduct or abuse of alcohol or drugs.

6.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 
establishes the Army Disability Evaluation System and sets forth policies, 
responsibilities, and procedures that apply in determining whether a Soldier is unfit 
because of physical disability to reasonably perform the duties of his office, grade, rank, 
or rating. Only the unfitting conditions or defects and those which contribute to unfitness 
will be considered in arriving at the rated degree of incapacity warranting retirement or 
separation for disability. Once a determination of physical unfitness is made, all 
disabilities are rated using the Department of Veterans Affairs Schedule for Rating 
Disabilities (VASRD).

	a. Paragraph 3-2 states disability compensation is not an entitlement acquired by 
reason of service-incurred illness or injury; rather, it is provided to Soldiers whose 
service is interrupted and who can no longer continue to reasonably perform because of 
a physical disability incurred or aggravated in military service.

	b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting 
disabilities must meet the following line-of-duty criteria to be eligible to receive 
retirement and severance pay benefits:

		(1) The disability must have been incurred or aggravated while the Soldier was 
entitled to basic pay or as the proximate cause of performing active duty or inactive duty 
training.

		(2) The disability must not have resulted from the Soldier's intentional misconduct 
or willful neglect and must not have been incurred during a period of unauthorized 
absence.

7.  AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for 
enlistment, induction, appointment (including officer procurement programs), retention, 
and separation (including retirement). The Department of Veterans Affairs Schedule for 
Rating Disabilities (VASRD). VASRD is used by the Army and the VA as part of the 
process of adjudicating disability claims. It is a guide for evaluating the severity of 
disabilities resulting from all types of diseases and injuries encountered as a result of or 
incident to military service. This degree of severity is expressed as a percentage rating 
which determines the amount of monthly compensation.

8.  Section 1556 of Title 10, USC, requires the Secretary of the Army to ensure that an 
applicant seeking corrective action by the Army Review Boards Agency (ARBA) be 
provided with a copy of any correspondence and communications (including summaries 
of verbal communications) to or from the Agency with anyone outside the Agency that 
directly pertains to or has material effect on the applicant's case, except as authorized 
by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian 
and military medical and behavioral health professionals and are therefore internal 
agency work product. Accordingly, ARBA does not routinely provide copies of ARBA 
Medical Office recommendations, opinions (including advisory opinions), and reviews to 
Army Board for Correction of Military Records applicants (and/or their counsel) prior to 
adjudication.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230003007


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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