2. The applicant requests that his honorable discharge with Special Separation Benefits (SSB) be corrected to a medical retirement.
3. He states that he had heart problems 8 months prior to his discharge. He had submitted a request for discharge with SSB prior to experiencing those problems and was advised by his military physician to rescind his request for SSB to allow for him to be medically boarded. However, prior to his acting on that advice, he was told that diagnostic tests had determined that his heart was free of notable defects. Based on that information, he accepted his discharge with SSB, only to be hospitalized, near death, within 3 weeks of his discharge.
4. In support of his application he submits a letter from cardiology service, William Beaumont Army Medical Center, El Paso, Texas, dated 20 March 1992, in which the Chief of Cardiovascular Disease stated that the applicant had initially complained of chest discomfort with exertion in mid-January 1992. As a result of that complaint, he was given a diagnostic left heart catheterization with ventriculography (X-ray of a ventricle of the heart after injection of a contrast medium), which demonstrated minimal irregularities in the mid-left anterior descending coronary artery. The remainder of his arteries were free of disease. The applicant was prescribed anti-lipid agents (for elevated cholesterol) and aspirin as precautionary measures, and was advised to stop smoking cigarettes. The Chief of Cardiovascular Disease concluded that the applicants prognosis was excellent.
5. The applicant also submits a cardiac catheterization report showing that he was admitted to a hospital on 3 November 1992 with a diagnosis of unstable angina which required angioplasty of the left anterior descending coronary.
6. The applicant's military personnel and medical records show that he enlisted in the Regular Army on 30 October 1978 with 2 years, 5 months and 18 days of prior active duty, was awarded the military occupational specialty of man portable air defense system crewmember, served continuously, and was promoted to pay grade E-7.
7. On 29 September 1992 he was discharged with an SSB payment of $57,347.52.
8. Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.
9. In the processing of this case an advisory opinion was obtained from The Surgeon General, who gives a synopsis of the applicants history of heart disease, starting with his evaluation for chest pain while he was on active duty, continuing with his evaluation of unstable angina, and concluding with his cardiac catherization. The Surgeon General continues that the applicant had been declared fit for duty by cardiology 5 months prior to his separation with diagnoses of one vessel coronary artery disease (not significant), hyper-cholesterolemia, and non-cardiac chest pain. The Surgeon General concluded that the applicant met medical retention standards at the time of his separation and did not warrant disability processing. The Surgeon General recommends disapproval of his request.
10. Also in the processing of this request an advisory opinion was obtained from the Army Review Boards Agency (ARBA) Medical Advisor who stated that the applicants medical condition is disqualifying under Veterans Administration Schedule for Rating Disabilities (VASRD) code 7005 with a 30 percent disability rating.
CONCLUSIONS:
1. The applicant was treated for problems with his heart while he was on active duty. Those problems developed into heart disease after his discharge, conditions which are medically disqualifying under Department of the Army standards.
2. While there is no evidence that the applicants condition was medically disqualifying at the time of his separation, the proximity (a month) of his civilian hospitalization to the date of his separation from active duty conveys a moral obligation on the part of the Army, especially in consideration of his long, continuous, honorable military service.
3. Based on the preceding, the Board is of the opinion that it would be in the interest of justice to place the applicant on the Permanent Disability Retired List (PDRL), rated 30 percent disabled, as an exception to policy.
4. In order to affect this correction of records, it will be necessary to void the applicants honorable discharge. As such, he will be required to pay back the $57,347.52 SSB payment he was given for his acceptance of an early discharge.
5. In view of the foregoing conclusions, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by showing that on 29 September 1992 the individual concerned was physically unfit to perform the duties of his office, grade, rank or rating by reason of arteriosclerotic heart disease, rated 30 percent disabling under Code 7005 of the VASRD; that the disability was incurred while he was entitled to receive basic pay as a member of the Regular Army; that it did not result from misconduct or willful neglect; that it was not incurred during a period of unauthorized absence; that it was not the direct result of armed conflict; and that it was not caused by an instrumentality of war;
b. by voiding his honorable discharge dated 29 September 1992; and
c. by showing that he was relieved from active duty on 29 September 1992 by reason of physical disability rated
30 percent disabling in accordance with the VASRD; and that, effective 29 September 1992, he was permanently retired under the provisions of title 10, United States Code, section 1201, with entitlement to retired pay of the highest grade satisfactorily held within the meaning of title 10, United States Code, section 1372.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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