IN THE CASE OF: BOARD DATE: 24 October 2013 DOCKET NUMBER: AR20130003718 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests change of her discharge from disability – existed prior to service (EPTS) to retirement by reason of disability – permanent physical disability. She also requests entitlement to disability compensation. 2. She states: a. She received medical treatment and surgeries that have left her with diseases and unexplained illnesses. She had a surgery wherein the surgeons made a mistake and cut other organs and a blood transfusion was necessary. Hepatitis C was discovered after her release. She has a liver mass, lymphoma issues, edema, and other symptoms. She was treated in clinics and hospitals at Fort Leonard Wood, MO; Fort Sam Houston, TX; and Fort Bragg, NC for a variety of symptoms. b. She believes an error occurred on her record due to the fact that she applied for Department of Veterans Affairs (VA) benefits prior to leaving the military. c. She suffered several illnesses prior to being released from active duty that she believes should have led to a full retirement. She was placed in a combat engineer basic training unit with 16 other females at the age of 34. She did not get any special treatment and she did everything that was required of her during her duty in the Army. d. She was sent to Postal School while serving at Fort Bragg. While on profile she was given an honorable medical discharge. e. She applied for a part time postal clerk position; however, she was not selected due to her physical disabilities. Therefore, she should be given full retirement and full VA disability. She has not been gainfully employed or worked for longer than a few months since she left the Army in 2000. She is too ill to work. 3. She provides: * DD Forms 689 (Individual Sick Slip) for 21, 22, and 23 October 1998 * 26 January 1999 reassignment orders to Fort Bragg * DA Form 3349 (Physical Profile), dated 28 April 1999 * 1999 Form W2 (Wage and Tax Statement) * DFAS Form 703 (Defense Finance and Accounting Service Military Net Pay Advice), dated 14 January 2000 * 12 June 2000 separation orders * DD Form 214 (Certificate of Release of Discharge from Active Duty) for the period ending 17 July 2000 * VA letter, dated 11 September 2000 * State of Montana, Department of Labor and Industry letter, dated 5 October 2000 * Office of Personnel Management, Washington, DC, letter, dated 16 October 2001 * VA letter, dated 12 January 2010 * VA Form 21-526b (Veterans Supplemental Claim for Compensation), dated 16 October 2012 * her unsigned letter "To Whom It May Concern," dated 23 October 2012 * DD Form 2656 (Data for Payment of Retired Personnel), dated 6 November 2012 * Her undated, unsigned letter to President Obama, et al CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army (RA) on 1 October 1998. She held military occupational specialty (MOS) 76J (Medical Supply Specialist). 3. The applicant's medical records are not available for review. 4. The applicant's military records include a 28 April 2000 DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) that shows in: a. Item 13a (Diagnosis), "Chronic pelvic pain, (medically unacceptable) Army Regulation 40-501 (Standards of Medical fitness), paragraph 3-17(h), ICD 625.9, 614.6"; b. Item 14, an "X" in the block indicating the board recommended the applicant be referred to a Physical Evaluation Board (PEB); c. Item 15, an "X" in the block indicating the patient (applicant) does not desire to continue on active duty; d. Item 24, an "X" in the block indicating the applicant agreed with the board's findings and recommendation; and e. Item 25, the applicant's signature, dated 4 May 2000. 5. A document included in the MEB proceedings shows it was noted that during "the total abdominal hysterectomy and hallban culdoplasty (a surgical procedure to remedy relaxation of the posterior fornix of the vagina) in March 1999 numerous adhesions to the right cornual region (etopic pregnancy) and extensive right-sided bladder adhesions were noted. The adhesions were taken down. No other pathology process was noted." The document further lists "PAST SURGICAL HISTORY: Three cesarean sections, one tubal pregnancy, cholecystectomy, hysterectomy, colonoscopy, laryngeal lesion removal." 6. A PEB convened on 19 May 2000. The proceedings show in: a. Item 8 (Disability Description): (1) "Chronic pelvic pain probably secondary to pelvic adhesions, from pre-service C-sections, and enlarged uterus which has not resolved with a hysterectomy. The surgery was done for a large fibroid uterus. Soldier has been on active duty since October 1998. Medical chart reveals fibroid uterus by ultrasound in January 1999." (2) "The PEB has reviewed the medical evidence of record and concludes that there is sufficient evidence to substantiate an EPTS condition for which you are now unfit. Your condition has not been permanently aggravated by service but it is the result of natural progression." b. Item 9, the PEB found her physically unfit and recommended her separation from the service without disability benefits. She indicated she concurred and waived a formal hearing of her case. 7. On 17 July 2000, she was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4), by reason of disability – EPTS, PEB. She completed 1 year, 9 months, and 17 days of creditable active service. 8. The applicant provided: a. A VA rating decision, dated 11 September 2000, that shows the VA granted her an overall service-connection at the rate of 50 percent for her total abdominal hysterectomy, lumbar spine strain, abdominal tendinitis, and abdominal scar. The VA denied service-connection for pelvic pain with lump extending to abdomen, chronic fevers, vomiting and nausea, swelling in left and right leg, and left and right foot condition because although there was some treatment rendered during service, there was no diagnosis of a chronic disabling condition found at the most recent examination. b. A VA letter, dated 12 January 2012, that shows the VA reviewed medical records concerning her service-connected disabilities and noted some improvement. The VA proposed to reduce their evaluations of the disabling effects to 0 percent for abdominal scar and abdominal tendinitis. The combined evaluation for her service-connected disabilities would drop from 50 percent to 40 percent. There is no record of her response to the VA letter. 9. Army Regulation 635-40 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 or her office, grade, rank, or rating. Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a PEB due to a condition that existed prior to service or occurred in the line of duty, not due to the Soldier's misconduct. Paragraph 4-24b(4) provides for separation for physical disability without severance pay. 10. Army Regulation 635-40 also states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they EPTS. DISCUSSION AND CONCLUSIONS: 1. The applicant contends she should have received a medical retirement or a disability rating because she received medical treatment and surgeries while on active duty that have left her with diseases and unexplained illnesses. She received a blood transfusion due to Army surgeons' mistakes. 2. A PEB reviewed the medical evidence and concluded there was sufficient evidence to substantiate that her unfitting condition existed prior to her service. The PEB found her unfit and recommended her separation from the Army without disability benefits. She concurred and waived a formal hearing of her case. 3. There is no evidence that medical treatment and surgeries she received while on active duty left her with diseases and unexplained illnesses, or that she received a blood transfusion due to Army surgeons' mistakes. 4. In view of the above, there is an insufficient evidentiary basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ 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. __________X___________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20100016003 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130003718 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1