RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 October 2005
      DOCKET NUMBER:  AR20050003865


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda Barker                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, as the widow of a deceased former service member (FSM),
requests reconsideration of an earlier request that her late husband's
honorable discharge be changed to a medical discharge.

2.  The applicant states, in effect, that her late husband had many
episodes of sickness and debilitating problems while he was on active duty.
 She contends that he was hospitalized and treated for continued complaints
of anemia and pancreatitis which is listed as a final diagnosis at his time
of demise.

3.  The applicant provides numerous service medical records; Department of
Veterans Affairs (DVA) records; hospital records; a death certificate; and
three DD Forms 214 (Reports of Transfer or Discharge/Report of Separation
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the FSM's case by the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR2004106008, on 11 January 2005.

2.  The applicant provided numerous service medical records which show the
FSM was hospitalized and treated for various conditions which included
abdominal pain, pancreatitis associated with drinking alcohol, anemia and
anxiety during his service in the Army.

3.  The applicant provided DVA records which show service connection was
granted for the cause of the FSM's death for lung cancer which was
established as related to Agent Orange exposure.

4.  The applicant also provided 1978 hospital records which show the FSM
died on 28 April 1978 due to lung cancer.  The autopsy report shows the
final diagnoses:  (1) Right hemothorax and hemopericardium fibrinous
pericarditis.  Status Post:  Right pneumonectomy for infiltrating partially
differentiated squamous cell carcinoma, Grade III.  Pulmonary congestion
and edema, focal interstitial pneumonitis, left lower lobe; focal emphysema
and atelectasis;
(2) Chronic pancreatitis with fibrosis and calcification, severe;
(3) Hepatopplenomedaly; (4) Stress ulcer of stomach; and (5) Generalized
congestion of abdominal viscera.

5.  The applicant's submissions are new evidence which will be considered
by the Board.

6.  The FSM was inducted on 29 February 1968 and honorably discharged on
5 March 1968 to enlist in the Regular Army.  He enlisted on 6 March 1968
for a period of 3 years.  He remained on active duty through continuous
reenlistments until he was honorably discharged on 29 October 1974.

7.  DA Form 2166-4 (Enlisted Efficiency Report), dated 12 December 1973,
shows the FSM was rated "excellent" for duty performance.

8.  DA Form 1811 (Physical and Mental Status on Release from Active
Service), dated 29 October 1974, shows the FSM was physically qualified for
separation with a physical profile of 111121.

9.  Title 10, United States Code, 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.

10.  Army Regulation 635-40 governs the evaluation for physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  It states that the mere presence of an impairment
does not, of itself, justify a finding of unfitness because of physical
disability.  In each case, it is necessary to compare the nature and degree
of physical disability present with the requirements of the duties the
Soldier reasonably may be expected to perform because of his or her office,
grade, or rank.  It states that disability compensation is not an
entitlement acquired by reason of service-incurred illness or injury;
rather, it is provided to Soldiers whose service is interrupted and they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.  When a Soldier is being
processed for separation for reasons other than physical disability,
continued performance of assigned duty commensurate with his or her rank or
grade until the Soldier is scheduled for separation or retirement indicates
that a Soldier is fit.

11.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of
Medical Fitness) provides that the basic purpose of the physical profile
serial system is to provide an index to the overall functional capacity of
an individual and is used to assist the unit commander and personnel
officer in their determination of what duty assignments the individual is
capable of performing, and if reclassification action is warranted.  Four
numerical designations (1-4) are used to reflect different levels of
functional capacity in six factors (PULHES): P-
physical capacity or stamina, U-upper extremities, L-lower extremities, H-
hearing
and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all
factors indicates that an individual is considered to possess a high level
of medical fitness and, consequently, is medically fit for any military
assignment.  Numerical designators "2" and "3" indicate that an individual
has a medical condition or physical defect which requires certain
restrictions in assignment within which the individual is physically
capable of performing military duty.  The individual should receive
assignments commensurate with his or her functional capacity.

DISCUSSION AND CONCLUSIONS:

The FSM's death certificate shows he died of lung cancer.  Although the
applicant contends that the FSM had many episodes of sickness and
debilitating problems while he was on active duty, and service medical
records show he was hospitalized and treated for anemia and pancreatitis
while in the Army, the FSM was found qualified for separation with a
physical profile of 111121 by competent medical authorities on 29 October
1974.  Records show he received a rating of “excellent” for duty
performance on 12 December 1973.  There is also no evidence of record to
show he was ever medically unfit to perform his duties.  Therefore, there
is insufficient evidence to show the FSM was eligible for physical
disability processing and there is no basis for a medical discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JV_____  CM______  LB______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case
are insufficient as a basis to amend the decision of the ABCMR set forth in
Docket Number AR2004106008, dated 11 January 2005.


            ___James Vick_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003865                           |
|SUFFIX                  |                                        |
|RECON                   |20050111                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19741029                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 2                    |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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