APPLICANT REQUESTS: That his honorable discharge for a preexisting medical condition be changed to show that he was placed on the Temporary Disabled Retired List (TDRL).
APPLICANT STATES: The applicant is silent on the issue.
COUNSEL CONTENDS: That the applicants condition did not preexist his service, but was service-connected and that he should be placed on the TDRL with an initial disability rating of 40 percent. He contends the Armys 0 percent disability rating was erroneous and unjust.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 12 January 1994, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 75C (Personnel Management Specialist).
On 3 October 1994, while assigned to a unit at Fort Benning, Georgia, the applicant presented medical authorities with a letter from a civilian physician which stated that his younger brother had been diagnosed with adrenoleukodystrophy (an inherited X-Link trait), and recommended tests be performed on him.
On 25 October 1994, he was diagnosed as probable adrenoleukodystrophy and referred to Walter Reed Army Medical Center for further tests.
On 1 February 1995, Medical Board (MEBD) Proceedings indicate a diagnosis (Dx) of (1) X-Link adrenoleukodystrophy; (2) primary adrenal insufficiency with glucortiacal deficiency and mineralization reserve; (3) right sural mononeuropathy; (4) mild right ulnar neuropathy; (5) patellofemoral syndrome; (6) history of navicular fractures; and (7) deficient Leydigs cell reserve. His case was referred to a Physical Evaluation Board (PEB).
On 6 February 1995, he concurred with the MEBD.
On 21 February 1995, informal PEB Proceedings found the applicant unfit for X-Link adrenoleukodystrophy with primary adrenal insufficiency with glucocortical deficiency with right sural mononeuropathy and mild right ulnar neuropathy (Dx 1-4 & 7). MEBD Dx 5 & 6 were not found to be unfitting, thus not ratable. The PEB recommended he be separated without benefits, since his condition was found to be EPTS.
On 6 March 1995, the applicant noncurred and demanded a formal hearing.
On 12 April 1995, a formal PEB affirmed the original PEB.
On 31 July 1995, he was honorably discharged under Army Regulation 635-40, physical disability which existed prior to service. His Report of Separation indicates he had 1 year, 6 months and 19 days of creditable service.
On 29 October 1996, the Army Physical Disability Agency (USAPDA) opined (COPY ATTACHED) that there were no errors or injustices; the applicants condition did exist prior to entry on active duty; the PEB findings and recommendations were supported by substantial evidence; and, recommended that the request be denied.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The evidence in this case does not support his contention that there was an error or injustice in his disability rating by the PEB. This is supported by the opinion from the USAPDA.
3. The medical evidence of record supports the determination that the applicants unfitting condition was properly diagnosed and not rated due to being EPTS and not service aggravated at the time of his discharge.
4. The evidence of record clearly shows that his condition had preexisted his entry onto active duty.
5. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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