| Mr. Loren G. Harrell | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Karen J. Newsome | Chairperson | |
| Mr. Fred N. Eichorn | Member | |
| Mr. John P. Infante | Member |
APPLICANT REQUESTS: In essence, that he be given compensation by the Department of Veteran Affairs (DVA) or that his uncharacterized discharge be changed to a medical discharge.
APPLICANT STATES: In essence, that Army doctors alleged the injury to his right eye occurred during or at birth. However, he feels that he should be compensated because he completed his first enlistment obligation and was honorably discharged. Further, he was able to pass all physical examinations prior to his last enlistment.
EVIDENCE OF RECORD: The applicant's military records show:
The evidence available show that the applicant had prior honorable enlisted service in the Regular Army (RA) from 23 September 1986 through 22 June 1988. When he was released from the RA, he was transferred to the United States Army Reserves (USAR) and served until he was honorably discharged on 26 March 1990. On 27 March 1990, he reenlisted in the RA for 4 years, military occupational specialty (MOS) 19E00 (Armor) and pay grade E-3.
On 17 July 1989, while in the USAR, the applicant took a medical examination that shows he had impaired vision in his right eye that was correctable to visual acuity of 20/200.
The applicant was referred to an optometrist who referred him to ophthalmology after he failed testing for his military driver’s license. On 11 May 1990, an ophthalmologist diagnosed the applicant as having Axial Myopia (nearsightedness) and Anisometropic Amblyopia (lazy eye), the right eye, correctable to 20/40.
On 11 May 1990, an Entrance Physical Standards Board (EPSBD) determined that the applicant did in fact have Axial Myopia and Anisometropic Amblyopia which are disqualifying conditions in accordance with AR 40-501, Chapter
2-13a(1), and Chapter 2-13c(4). However, due to the applicant’s prior service and the fact that he functioned well with his condition, the Board recommended that he be retained and that his MOS as a tank driver be changed to provide an MOS which would not require him to drive a military vehicle.
On 16 May 1990, the applicant was informed of the medical board’s determination. He noted the findings, but requested to be discharged. His commander recommended that the applicant’s request for discharge be approved. On 29 May 1990, the separation authority approved the recommendation and directed issuance of an uncharacterized discharge. On
1 June 1990, the applicant was discharged under the provisions of chapter 5, Army Regulation 635-200, “for failure to meet procurement medical fitness standards.” He had completed 1 year, and 9 months prior active service and he had completed 2 months and 5 days on the enlistment under review.
In connection with his application, the Medical Advisor to this Board, opined (COPY ATTACHED), in essence, that the applicant failed to meet procurement medical fitness standards, and he requested to be discharged after the EPSBD recommended retention with a P3 profile. Evidence of record shows that the applicant’s condition existed prior to enlistment and there is nothing in the applicant’s record to indicate that his condition was aggravated by his military service.
The above advisory opinion was referred to the applicant for comment or rebuttal, but he failed to respond.
Title 10, United States Code, at chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay. However, a disqualifying medical condition existing prior to entrance into active service is not a basis to determine eligibility for a medical discharge.
Title 38, United States Code, section 310 and 331, permits the DVA to award compensation for a medical condition(s) which was incurred in or aggravated by active military service. The DVA, however, is not required by law to determine medical fitness for further military service. The DVA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for DVA benefits based on an evaluation by that agency.
Army Regulation 635-200 sets forth the basic authority for separation of soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to active duty or active duty training. Paragraph 5-5 provides that individuals discharged under the provisions of chapter 5, would be awarded a character of service to honorable, under honorable conditions or an uncharacterized description of service if in an entry level status. Entry Level Status is defined as an individual in his/her initial 180 days of service.
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 EPSBD determined that the applicant had medical conditions that were disqualifying for enlistment and existed prior to entry on active duty. The applicant agreed with these findings and he requested separation from the Army after the Board recommended that he be retained.
3. The DVA awards compensation for medical condition(s) that were incurred in or aggravated by active military service. There is nothing in the applicant’s record and he has submitted nothing that indicates his conditions were aggravated by his military service.
4. 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
KJN_____ FNE_____ JPI_____ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC08890/AR1999015919 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 19990121 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19900601 |
| DISCHARGE AUTHORITY | AR635-200 |
| DISCHARGE REASON | Failure to meet procurement medical fitness standards |
| BOARD DECISION | (NC) |
| REVIEW AUTHORITY | |
| ISSUES 1. | He was honorably discharged after his first enlistment. |
| 2. | Prior to this enlistment he was able to pass all physical exams. |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1997 | 199708890C070209
EVIDENCE OF RECORD: The applicant's military records show: The evidence available show that the applicant had prior honorable enlisted service in the Regular Army (RA) from 23 September 1986 through 22 June 1988. Evidence of record shows that the applicants condition existed prior to enlistment and there is nothing in the applicants record to indicate that his condition was aggravated by his military service. The EPSBD determined that the applicant had medical conditions that were...
ARMY | BCMR | CY2012 | 20120009208
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his characterization of service from uncharacterized to honorable and his narrative reason for separation from failed medical/physical/procurement standards to medical. On 1 February 2012, the applicant was discharged from active duty under the provisions of Army Regulation 635-200 (Personnel Separations Active Duty Enlisted Administrative Separations). ...
ARMY | BCMR | CY1997 | 199711329
On 3 July 196, the applicant's request for a hardship discharge was denied. Army Regulation 635-205, then in effect, provided that enlisted members of the RA and of the Reserve components who, upon arrival in the US with less than 3 months remaining before expiration of terms of service (ETS), would be released from active duty, and returned to any former National Guard or Army Reserve status, or would be released from active duty and transferred to the Army Reserve to complete their...
ARMY | BCMR | CY1996 | 9610225C070209
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2009 | 20090001306
Counsel essentially states the applicant's Entrance Physical Standards Board (EPSBD) failed to recognize that his ankle pain was service aggravated, and he was never considered for separation by a Medical Evaluation Board (MEB) contrary to the advice of the examining physicians on the EPSBD. The EPSBD also determined that the applicant's medical condition existed prior to service and it was not service aggravated. However, even if the applicant had gone before a medical board and it was...
ARMY | BCMR | CY2013 | 20130011429
The regulation states in: a. Paragraph 5-11 - Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty or active duty for training for initial entry training, may be separated. Therefore, he is not entitled to a medical discharge. However, by regulation, an applicant is not entitled to a hearing before the Board.
ARMY | BCMR | CY1997 | 199711329C070209
The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: In essence, that his honorable discharge from active duty on 22 July 1963 be changed to a medical retirement. There is no evidence of any medical condition, which rendered the applicant medically, unfit and justified physical disability processing. Request medical discharge.
ARMY | BCMR | CY2009 | 20090016081
The board found that he was medically unfit for enlistment in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 2-10a(3)(a) and recommended he be separated from the service for the EPTS condition. The applicant provided a copy of his DVA Rating Decision, dated 11 March 2009, that shows he was awarded a 20 percent service-connection disability for a left ankle fracture. Since the applicant's medical condition was not medically unfitting for retention at the...
ARMY | BCMR | CY2014 | 20140001377
c. The military doctor determined she was medically unacceptable for service in the Army in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-32, and that she should be separated from the Army under the provisions of paragraph 5-11 of Army Regulation 635-200 (Personnel Separations Enlisted Personnel). On 10 August 1990, the discharge authority approved the applicant's separation from the Army under the provisions of Army Regulation 635-200,...
ARMY | BCMR | CY2014 | 20140018215
The applicant's request for reconsideration of his previous case, in which he contends the Board incorrectly stated his medical conditions and the reason for his discharge, was carefully considered. On 10 January 1972, he was determined to be permanently unfit for duty by reason of physical disability, removed from the TDRL, and discharged from the service with entitlement to severance pay. Since there is no historical evidence of his VA compensation awards and effective dates, there is no...