APPLICANT REQUESTS:  In a letter to his Congressman, that he either be “compensated” for his military service or he be reinstated to his former status as a reservist assigned to a unit.

APPLICANT STATES:  He outlines his military history, commencing with 3 years of active duty followed by assignment to the USAR Control Group (Reinforcement).  While he was in the Control Group, he was given a physical examination in conjunction with his request to perform a tour of active duty.  Although he was told at that time that he was medically disqualified to enter on active duty, he was never discharged.  When nothing else came of that examination, he joined a USAR unit, performed his duties in an exemplary manner, and was promoted to sergeant first class.  However, his military career was brought to an abrupt end starting when he was mobilized during Operation Desert Storm.  In the beginning days of his mobilization, he “began to feel some discomfort in my chest area and had a persistent cough.  I decided to go on sick call and see a doctor.  After describing my discomfort as well as my medical history, I was given a pulmonary function test.”  He was then given other medical tests and given physical profile limitations.  When separation action was later initiated on him based on his medical condition he requested a waiver, which was denied.  The applicant questions the fairness and equity of allowing him to remain in the military for almost 10 years after he was diagnosed as having a medical condition and then discharging him without benefits for the same condition.  The applicant also questions some changes made by his physicians on entries made in his medical records.

EVIDENCE OF RECORD:  The applicant's military personnel and medical records show:

He enlisted in the Regular Army on 12 July 1971 and was honorably released from active duty and transferred to the USAR Control Group on 5 July 1974.  He remained assigned to the Control Group until the completion of his statutory military service obligation on 11 July 1977.
He had a break in service until his enlistment in the USAR Delayed Entry Program on 11 September 1981.  He then enlisted in the Regular Army on 21 October 1981 and was honorably released from active duty and transferred to the USAR Control Group on 16 August 1984.

On 12 November 1985 he was given a physical examination wherein abnormalities were noted on his chest x-ray.  The examining physician stated that he required old chest 
x-rays from the applicant for comparison.  The applicant was then notified of the abnormality on his x-ray, he was advised to follow-up with his civilian physician, and he was told that he was medically disqualified for enlistment.

The applicant remained assigned to the USAR Control Group not on active duty until his assignment to a USAR unit on 12 January 1987.  On 9 May 1987 he was given a physical examination for the purpose of reenlisting.  At that time, despite his admission to his lung problem, which had now been diagnosed as sarcoidosis, he was determined medically qualified for retention.

He was promoted to pay grade E-7 and performed duties as an instructor in a USAR School.  On 1 February 1991 the applicant was ordered to active duty in support of Operation Desert Storm.

On 8 February 1991, 7 days after he was mobilized, the applicant reported to sick call complaining of having a problem breathing when doing any strenuous activity.  He informed the physician that he was taking medication for his lung condition and required physical profile limitations.  Accordingly, he was given a permanent “4” physical profile (on a scale of 1 to 4, 1 being the best and 4 the worst), which stated “No mandatory strenuous physical activity. No assignment to isolated areas where definitive medical care is not available.”

The applicant’s active duty assignment orders were then amended to delete him and he was processed for release from active duty.  He was given a separation physical examination and determined medically qualified.  Accordingly, on 24 March 1991 he was released from active duty and returned to his USAR unit.  He had served 1 month and 24 days.

On 25 April 1992 he was given a periodic physical examination.  At that time he was again given a “4” physical profile, but determined medically disqualified for retention.

On 8 July 1992 he reported to sick call (as a reservist not on extended active duty) complaining of a persistent cough and chest pain of a 10 day duration.  On 27 July 1992 the applicant’s civilian physician submitted a letter stating that the applicant’s lung condition was very clearly worsening.

Apparently the applicant requested a waiver of his medical disqualification.  On 5 October 1994 the Army Reserve Personnel Center (ARPERCEN) denied the applicant’s request, stating that “The individual’s health or well being would be compromised if he were to remain in the military service.”

Accordingly, on 24 October 1994 the applicant was transferred to the Retired Reserve due to medical disqualification.

Title 10, U.S. Code, chapter 61, Retirement or Separation for Physical Disability, provides for the medical retirement and for the discharge for physical unfitness, with severance pay, of soldiers who incur a physical disability in the line of duty while serving on active or inactive duty.  However, the disability must have been the proximate result of performing military duty.

Army Regulation 135-178, paragraph 12-1, requires the separation of reservists who are determined medically disqualified for retention who are not granted a waiver of the disqualification.  The reservist will be discharged unless he or she requests transfer to the Retired Reserve.

Records obtained from the VA show that the applicant was denied service connection for his lung condition.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Since there is no evidence that the applicant’s disqualifying condition was either incurred or aggravated by his military service, there is no basis for medically retiring him with disability benefits.

2.  The applicant’s lung condition was determined to be medically disqualifying under the more stringent procurement medical fitness standards, as opposed to more lenient retention standards, in 1985.

3.  Although the applicant continued to serve successfully in his USAR unit with his medical condition after his 1985 physical examination, it was discovered that he was not world-wide deployable when he was mobilized during Operation Desert Storm.

4.  Furthermore, the applicant’s civilian physician confirmed that the applicant’s medical condition had worsened since his mobilization during Operation Desert Storm.

5.  In synopsis, the applicant’s medical condition was determined to be of the severity to preclude his deployment during a National emergency.  Subsequent to Operation Desert Storm, his condition worsened to a significant degree which, in the opinion of the ARPERCEN Command Surgeon, would compromise his health or well being if he were to remain in the military service.

6.  In view of the foregoing, there is no basis for granting the applicant’s 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