MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 April 2002
         DOCKET NUMBER: AR2002066466

         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:

Ms. Irene N. Wheelwright		Chairperson
Ms. Melinda M. Darby		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: In effect, that his separation for disability, existed prior to service (EPTS), be changed to a separation for disability with severance pay.

APPLICANT STATES: That the Department of Veterans Affairs (VA) has granted him a service connected disability determination for exercise-induced hypertension.

COUNSEL CONTENDS: That the applicant has submitted evidence to show he was active in sports prior to entering the military and never suffered any effects of hypertension nor was he treated for the condition until he entered the military and the VA has granted his service connected disability for this condition.

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

He apparently led an active, athletic life to including playing varsity football in high school prior to enlisting in the Regular Army on 30 September 1998. He completed basic training and advanced individual training and was awarded military occupational specialty 11B. He completed basic airborne training.

The applicant was seen by doctors at Cardiology II, P.C. (apparently a civilian medical care facility) in July 1999. It was noted that he had symptoms of shortness of breath with exercise. Those symptoms were reproduced with an exercise stress test. It was noted that his symptoms were from hypertensive disease. Nursing Notes taken at this time indicated that the applicant was “…wheezy – dizzy – for few years – progressively worse…”

The applicant’s medical evaluation board (MEB) proceedings are not available. His 6 March 2000 physical evaluation board (PEB) proceedings indicated he first visited a troop clinic for chest pain and shortness of breath in his first week of basic training. His physical examination, with the exception of a systolic blood pressure reading of 145 (with 140 as the upper limit of normal) was reported within normal limits. It was noted that his physiological systems appeared to be congenital and that there was sufficient evidence to substantiate an EPTS condition for which he was unfit. It was determined that his condition was considered to be EPTS and not permanently aggravated by service but rather the result of natural progression. It was recommended he be separated without disability benefits. On 27 March 2000, the applicant concurred in the findings and recommendation of the PEB and waived a formal hearing of his case.

On 3 May 2000, the applicant was separated for disability, EPTS. He had completed 1 year, 7 months, and 4 days of creditable active service.

On 4 April 2001, the VA granted the applicant service connection for exercise-induced hypertension with a zero percent evaluation and service connection for callus left foot with a zero percent evaluation.

Internet site www.merck.com/pubs/mmanual_home/sec3/25.htm indicates that high blood pressure, also called hypertension, is generally a symptomless condition in which abnormally high pressure in the arteries increases the risk of health problems. High blood pressure is defined as a systolic pressure at rest that averages 140 mm Hg. or more, a diastolic blood pressure at rest that averages 90 mm Hg or more, or both. In about 90 percent of people with high blood pressure, the cause is not known and the condition is referred to as essential or primary hypertension. Essential hypertension probably has more than one cause. Internet site www.nhlbi/nih.gov/hbp/detect/know.htm indicates that high blood pressure often has no signs or symptoms.

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. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. In pertinent part, it states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service. Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.

Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service.

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 Board notes the applicant’s counsel’s contention that the applicant never suffered any effects of hypertension nor was he treated for the condition until he entered the military. However, one of the medically recognized problems with this disease is that it often has no signs or symptoms. Given the PEB’s findings that he first visited a troop clinic for chest pain and shortness of breath in his first week of basic training, it appears that the placement of his hypertension into the category of a condition in which medical authorities are in such consistent agreement as to its cause and time of origin that no additional confirmation is needed to support the conclusion that it existed prior to military service was appropriate. The Board also notes that Nursing Notes taken during an examination at a civilian facility in July 1999 indicated the applicant was “…wheezy – dizzy – for few years – progressively worse…” This also indicates to the Board that the applicant had some symptoms of hypertension EPTS.

3. The rating determination by the VA does not necessarily demonstrate an error or injustice in the Army’s determination that the applicant’s unfitting condition was not ratable. The VA, operating under its own policies and regulations, assigns service connection determinations and disability ratings as it sees fit. The VA is not bound by Army policies; the Army is not bound by VA policies.

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

__inw___ __mmd___ __jtm___ DENY APPLICATION

                  Karl F. Schneider
                  Director, Army Review Boards Agency

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INDEX

CASE ID	AR2002066466
SUFFIX
RECON
DATE BOARDED	20020416
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.