| Mr. Loren G. Harrell | Director | |
| Mr. David H. Keller | Analyst |
| Mr. George D. Paxson | Chairperson | |
| Ms. Jennifer L. Prater | Member | |
| Ms. Barbara J. Ellis | Member |
APPLICANT REQUESTS: That he be awarded more service time to qualify for VA assistance or benefits.
APPLICANT STATES: That he was to finish his enlistment on limited service, but due to an oversight on the evaluation board he was not called. When he found out about it, it was too late; his doctor went on leave and when he returned he said, “it is in the pipeline, I can’t do anything about it.”
COUNSEL CONTENDS: Counsel offered no evidence or argument beyond that submitted with the application.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from reconstructed personnel records.
The applicant enlisted on 31 December 1948 and, after training, was assigned to Japan. While serving in Japan, he was admitted to the 361st Station Hospital with seizures. Generalized seizures were witnessed by the nurse on 30 August, 9 September and 13 September 1949. He was transferred to Walter Reed General Hospital, Washington, DC with the diagnosis of “epilepsy, grand mal; neuropathy of facial nerve, left, cause undetermined; cyst, sebaceous, right and left ears.”
On 13 December 1949 a medical evaluation board (MEB) convened and considered four diagnoses. A single diagnosis of epilepsy, grand mal, manifested by right-sided and generalized convulsive seizures occurring up to seven times a day, with abnormal electroencephalogram, which existed prior to service (EPTS), was made as not meeting retention standards. The MEB recommended that the applicant’s case be considered by a physical evaluation board (PEB).
On 22 December 1949 a PEB found the applicant physically unfit based on the MEB diagnosis. It was concluded that there was sufficient evidence to substantiate that this condition existed prior to service and was not aggravated by service. The applicant was separated with an honorable discharge on
23 January 1950. He had 1 year and 23 days of creditable service.
Army Regulation 635-40, Physical Evaluation for Retention, Retirement, or Separation, appendix B-10, provides that hereditary, congenital, and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are
clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnosed or should have been diagnosed.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. That the applicant was separated by reason of physical disability which existed prior to service and is not entitled to disability benefits from the service.
2. There is no record of the applicant having served more than 1 year and
23 days for which he was credited at the time of separation.
3. 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.
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
________ ________ ________ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC97-09899/AR1999018729 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 19990408 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | 113.00 |
| 3. | 145.03 |
| 4. | |
| 5. | |
| 6. |
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