MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 6 September 2001
         DOCKET NUMBER: AR2001059204

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Melvin H. Meyer		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. 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 correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That the records of her deceased spouse, a former service member (FSM), be corrected to show he was diagnosed with arteriosclerotic heart disease (ASHD) while still serving.

APPLICANT STATES: That the FSM was forced out of the military due to ASHD. He was not advised of the reason for his discharge. His unit was slated for deactivation. No one was to be forced out but he was. He was ordered to active duty to have cardiovascular screening done on 2 July 1992. He was then not permitted to go on annual training due to his failure to pass this test. He was not permitted to go to annual training again. Due to undue stress associated with his unit’s inactivation, the inability to perform his duties plus teaching as an Army instructor, his heart condition worsened. The VA will not provide her with Dependency and Indemnity Compensation (DIC). She provides two letters of support from members of the FSM’s as supporting evidence.

EVIDENCE OF RECORD: The FSM's military records show:

He was born on 30 October 1937. After having had prior service in the U. S. Coast Guard Reserve, he enlisted in the Army National Guard (ARNG) on 16 June 1976.

On 2 July 1992, the FSM underwent cardiovascular screening. He failed the treadmill test which was suggestive of coronary artery disease. It was noted that further evaluation was needed.

On 13 July 1992, the applicant was notified that his cardiovascular screening showed possible signs of Coronary Artery Disease. As a result, he failed Phase II of the Army Cardiovascular Screening Program and would have to undergo Cardiovascular Screening Phase III and if necessary Phase IV at his own expense. Once completed and cleared all medical documentation was to be submitted to the Surgeon, State Adjutant General’s Department to be cleared by a military medical officer. He had one year from the date of the notification to obtain the necessary care and to clear the Army Cardiovascular Screening Program.

The FSM’s notification of eligibility for retired pay at age 60 (his 20-year letter) is dated 15 March 1993.

By memorandum dated 28 February 1994, the FSM was notified that since he had not cleared the Army Cardiovascular Screening Program (Phase III/ Phase IV) he would be discharged from the ARNG effective 31 March 1994 due to lack of physical fitness and/or assignment limitations unless he submitted all appropriate medical documentation immediately.

On 12 March 1994, the FSM requested transfer to the Retired Reserve with Special Separation Pay due to his unit’s inactivation. He had signed an addendum to his request understanding that he could have been offered a valid assignment in another ARNG unit. If he elected that option, he would be reassigned to that unit even though it could have been in another military occupational specialty and may have required additional training. He understood that if he was not offered a valid assignment he was authorized Special Separation Pay contingent upon his transfer to the Retired Reserve or transfer to the Individual Ready Reserve. He understood that, on a case-by-case basis, he could be assigned to another unit in an overstrength status for a period of up to one year. If a valid assignment was not available within one year, he would be transferred to the Individual Ready Reserve with certain benefits, but not Special Separation Pay.

On 1 July 1994, the FSM was discharged form the ARNG and transferred to the Retired Reserve.

The FSM died on 28 July 1997 of ASHD.

Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the U. S. Army Reserve. In pertinent part, it states that separation will be accomplished when it has been determined that an enlisted soldier is no longer qualified for retention by reason of medical unfitness unless the soldier requests and is eligible for transfer to the Retired Reserve.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability.
In pertinent part, it states that in order for soldiers of the Reserve Components to be compensated for disabilities incurred while performing duty for 30 days or less, there must be a determination by the Physical Evaluation Board (PEB) that the unfitting condition was the proximate result of performing duty. Proximate result establishes a casual relationship between the disability and the required military duty.

Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation. Chapter 3 states that among other heart conditions, coronary heart disease associated with myocardial infarction, angina pectoris, or congestive heart failure due to fixed obstructive coronary artery disease or coronary artery spasm; fixed obstructive coronary artery disease, asymptomatic with objective evidence of myocardial ischemia; and myocardial disease, New York Heart Association or Canadian Cardiovascular Society Functional Class II or worse are causes for referral to a Medical Evaluation Board. Chapter 8 discusses the Cardiovascular Screening Program/Health Risk Appraisal. In pertinent part, it states that the Part II screen will be performed by a cardiologist, general internist, or family practitioner who is privileged to perform and interpret the cardiovascular risk factors. Evaluation and treatment of Active Duty soldiers will be provided at the appropriate medical treatment facilities. Reserve Component soldiers will be referred to their own medical providers outside of the military medical system.

National Guard Regulation 40-501 sets basic policies for medical examinations and physical standards for ARNG soldiers. Chapter 15 states that stress treadmill failure is considered disqualifying for retention in the ARNG. This disqualification may be overcome by satisfactory evidence consisting of Phase III coronary angiography or nuclear cardiology studies furnished by the soldier at the soldier’s expense.

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. 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 this requirement.

2. The FSM’s records already show that his 2 July 1992 cardiovascular screening suggested he had coronary artery disease. He was notified that he was required to have further cardiovascular screening performed or else he would be subject to consideration for separation due to a lack of physical fitness or assignment limitations. The evidence of record indicates that he never received that further screening; therefore, the Board cannot determine what condition he actually suffered from. In any case, it is unlikely that the FSM’s ASHD would have been found to have been incurred or aggravated while on active duty or active duty for training or in the line of duty while on inactive duty training.

3. In addition, the evidence of record shows that the FSM requested transfer to the Retired Reserve with Special Separation Pay based upon his unit’s inactivation after he knew he had failed the treadmill test. He was a noncommissioned officer with 20 years of service and there is no evidence to show that he was coerced into making that request.

4. Further, VA service-connection determinations are made based upon their own policies and guidelines and are independent of any physical disability determination made by the Army. In this case, correcting the FSM’s records to show he had ASHD while he was still in the ARNG would not obligate the VA to find that the condition was service-connected.
5. 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

__lls___ __mhm___ __jtm___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001059204
SUFFIX
RECON
DATE BOARDED	20010906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	124.00
2.
3.
4.
5.
6.