RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20050017213


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 requests, in effect, a medical discharge with
compensation.

2.  The applicant states, in effect, that he suffered a myocardial
infarction while performing physical training (PT) with his Army National
Guard (ARNG) unit.

3.  The applicant provides a copy of Headquarters, National Guard Bureau
(NGB), Arlington, Virginia, memorandum, dated 28 July 2004, subject:
Request for a Medical Opinion for [Applicant's Name, Rank, and Social
Security Number]; Charleston Cardiology Group P.L.L.C, CAMC Medical Staff
Office, Charleston, West Virginia, letter, dated 1 November 2005; U.S.
Senate, Washington, DC letter, dated 29 October 2005; State of West
Virginia, Office of the Adjutant General, Charleston, West Virginia,
letter, dated 25 October 2005; and Headquarters, NGB, Arlington, Virginia,
memorandum, dated 7 March 2005, subject:  Extension of Incapacitation Pay -
[Applicant's Rank and Name].

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active
duty on 25 August 1969.  Upon completion of basic combat training and
advanced individual training, he was awarded military occupational
specialty (MOS) 71L (Administrative Specialist).  The applicant's records
show that he served 1 year in Vietnam.  He attained the grade of rank of
specialist five (E-5) and was honorably released from active duty after
completing 3 years and 10 months active service. The applicant was
transferred to the U.S. Army Reserve Control Group (Reinforcement), St.
Louis, Missouri, for the purpose of fulfilling his military service
obligation, which expired on 24 August 1975.

2.  On 26 May 2000, the applicant enlisted in the Ohio Army National Guard
(OHARNG) in the grade of rank of sergeant (E-5).  On 17 February 2002 he
transferred to the West Virginia ARNG (WVARNG).  On 7 February 2004, the
applicant was attending an Inactive Duty Training (IDT) drill and
participating in a basketball game when he suffered a myocardial
infarction.  A formal line of duty determined that the incident was in line
of duty.  The applicant was honorably discharged on 19 August 2005 due to
physical disability, without entitlement to severance pay.  At the time he
had completed 5 years, 3 months, and 5 days net service during this period
and had 11 years, 3 months, and 5 days total service for pay.

3.  During the processing of this case an advisory opinion was obtained
from Headquarters, NGB, Personnel Division, Arlington, Virginia.  The NGB
advisory opinion recommends disapproval of the applicant's request.  The
Deputy Chief, Personnel Division, noted that the applicant's physical
disability separation without severance pay was approved by Headquarters,
U.S. Army Physical Disability Agency, Washington, DC on 29 July 2005 and
promulgated in Headquarters, U.S. Army Physical Disability Agency,
Washington, DC, Orders D210-02, dated 29 July 2005, effective 19 August
2005.  The advisory official adds that determination of the applicant's
medical separation was the result of the applicant's appearance before a
Medical Evaluation Board (MEB) and a Physical Evaluation Board (PEB).  The
NGB advisory also states that the WVARNG furnished copies of the PEB
results and, according to the DA Form 199 (Physical Evaluation Board
Proceedings), the Board found the applicant unfit, recommended a combined
rating of zero percent, and separation of the applicant from the Service
without disability benefits.

4.  The NGB advisory official adds that a copy of the applicant's formal
Line of Duty (LOD) was retrieved from the NGB, Personnel Division's files.
The file copy of the applicant's LOD investigation (LODI) contains, in
pertinent part, medical documents that offer additional evidence relevant
to the case.  The applicant's LODI contains, in pertinent part, a copy of
the following documents.

     a.  A Standard Form (SF) 93 (Report of Medical History), dated 23 July
1999, completed for the purpose of the applicant's enlistment in the ARNG.
In response to Item 11 (Have you ever had or have you now:  High or low
blood pressure), the applicant placed a vertical line in the "No" column.
The applicant also affixed his signature to this document.

     b.  NGR 40-501 (Annual Medical Certificate), dated 4 November 2000,
that shows, in pertinent part, the applicant had been seen by a physician
since his last periodic physical examination and that he was taking
medication for high blood pressure (i.e., hypertension).

     c.  Headquarters, OHARNG, McConnelsville, Ohio, memorandum, dated
28 March 2001, subject:  Request for Permanent Profile Physical that shows
the applicant had not taken the Army Physical Fitness Test (APFT) since he
enlisted in the ARNG and requested the applicant be placed on permanent
profile with limitations deemed necessary.  This document contained a copy
of Casto Clinics, Charleston, West Virginia, Return to Work Order, dated 21
March 2001, that shows the applicant was injured on 7 July 2000 and was
unable to run long distances, lift or pick up 30 pounds, and should refrain
from sit ups and push ups.

     d.  A DD Form 2807-1 (Report of Medical History), dated 3 November
2002, that shows in Item 8 (Current Medications) the entry "Acebeutal".
Item 30 (Examiner's Summary and Elaboration of All Pertinent Data) shows,
in pertinent part, that the examiner (i.e., the lieutenant colonel,
physician) made an annotation concerning the applicant's irregular heart
rate.

     e.  An Initial Medical Review - Annual Medical Certificate, dated 2
March 2003, that shows in Item 7 (List Any Medications You Are Currently
Taking) the applicant indicated he was taking medication (i.e., Acebeutal)
for irregular and rapid heart beat.

     f.  A Health Summary Report from the Cleveland Veterans Administration
Medical Center, that shows, in pertinent part, that the applicant was
counseled regarding a coronary angiography and left heart catheterization
procedure and that a cardiac catheterization was performed on the applicant
on
9 September 2003.

     g.  A letter from the applicant to Sergeant G______, dated 21 November
2003, that states, in pertinent part, "A second letter from my heart doctor
is to be sent to me with a little more detail about the heart.  When this
letter arrives I will forward it to you."

     h.  Nine DA Forms 2823 (Sworn Statements), dated 7 February 2004,
submitted by Soldiers who witnessed the applicant's medical emergency.
These documents show, in pertinent part, that several Soldiers were
shooting "free throws" on the basketball court, they invited the applicant
to participate in a "pick-up" game of basketball, that shortly into the
game the applicant went down to his knees, and then fell on the floor
struggling for his breath.  These documents also show that cardio-pulmonary
resuscitation was administered, emergency medical assistance was called and
arrived on the scene, and the paramedics then took over to administer
necessary medical attention.

     i.  Thomas Memorial Hospital, Emergency Room, Medical Report, dated
7 February 2004, pertaining to the applicant's admittance due to cardiac
arrest.  In pertinent part, "The Past Medical History" portion of this
document contains the entry "Includes atrial fibrillation, reportedly had a
negative cardiac catheterization several months ago at the Cleveland
Clinic."

     j.  Headquarters, National Guard Bureau, Arlington, Virginia,
memorandum, dated 28 July 2004, subject:  Request for Medical Opinion
[Applicant's Name, Rank, and Social Security Number], as related to the
formal LODI action.  This document shows, in pertinent part, that the
colonel serving as Chief Surgeon, ARNG, stated that the preponderance of
evidence indicates that the applicant reported his existed prior to service
(EPTS) hypertension and irregular heart beat on Annual Medical Certificates
(AMC) and military physical examinations, and that he submitted his
civilian medical treatment records regarding his hypertension and irregular
heart beat for which he was under doctor's care.  This document also shows
that the medical treatment records were requested by the military and
provided to the military by the applicant, to include physicians' letters
listing his marked limitations on physical exertion.  The Chief Surgeon,
ARNG, also offers that these documents show that the applicant was not to
perform PT or the APFT exercises, or perform any activities requiring
prolonged or strenuous physical exertion.

5.  The Chief Surgeon, ARNG, also offers, in pertinent part, that despite
the applicant's failing Cardiovascular Screening test, the State Surgeon
decided on
7 December 2002 not to send the applicant for further medical assessment.
The Chief Surgeon, ARNG, adds, in effect, that the applicant should have
been referred to his personal physician for further medical evaluation and,
absent Cardiovascular Symptomatic Palpitations (CVSP) clearance, processed
through the Military Occupational Specialty Medical Review Board (MMRB).
The Chief Surgeon, ARNG, concludes, in effect, that the applicant's sudden
ventricular fibrillation while performing unusually strenuous physical
training, and his medical treatment for this event should be the
responsibility of the government.  The ARNG Chief Surgeon's medical
opinion, in effect, served to provide the formal LOD approving authority
evidence to support a LOD finding of "In Line of Duty."

6.  On 23 August 2006, the applicant was provided a copy of the NGB
advisory opinion and accompanying documentation in order to have the
opportunity to respond to its contents.  In response, the applicant
provided a letter, dated 14 September 2006, in which he states, in effect,
that his cardiac arrhythmia did not prevent him from serving in Vietnam or
reenlisting in the ARNG, that an irregular heartbeat was detected during
his annual ARNG medical examination, he reported the findings to his
superiors, continued to attend drill, and began to prepare for his APFT.
He also states, in effect, that throughout his service in the ARNG he
performed his physical duties as expected, except for one annual APFT.  He
adds his heart attack occurred while performing PT at IDT, that since his
heart attack he has not been able to work, and that he was discharged
without any compensation.  The applicant asks, in effect, if his heart was
a health problem before his heart attack and the Army knew it, why wasn't
he informed?  He also questions why his case was not referred to the ARNG
for disability retirement processing.

7.  The applicant's military service records contain a DA Form 199
(Physical Evaluation Board (PEB) Proceedings), dated 4 May 2005.  This
document shows, in pertinent part, that the PEB reviewed the medical
evidence of record and concluded that there was sufficient evidence to
substantiate an EPTS condition for which the applicant was found unfit and
that his condition had not been permanently aggravated by service, but was
the result of natural progression.  This document further shows, in
pertinent part, that EPTS conditions are not compensable under the Army
Physical Disability System and the proper disposition is separation from
the Army without entitlement to disability benefits.

8.  The State of West Virginia, Office of the Adjutant General, Charleston,
West Virginia, letter, dated 25 October 2005, to Senator R_____ B___ ,
which the applicant provides in support of his application shows, in
pertinent part, that the applicant was provided all support necessary to
give him the optimal outcome during the MEB and PEB process.  This document
also shows that the applicant did not agree with the findings, was offered
legal counsel, and given the opportunity to appeal the decision.  The
second review, which was initiated by the appeal, did not reverse the
original decisions.

9.  Department of Defense Instruction 1332.38 (Physical Disability
Evaluation), Enclosure 3, Part 4 (Standards for Determining Compensable
Disabilities), provides at E3.P4.5.2.3. (Presumption of Aggravation) that
the presumption that a disease is incurred or aggravated in the line of
duty may only be overcome by competent medical evidence establishing by a
preponderance of evidence that the disease was clearly neither incurred nor
aggravated while serving on active duty or authorized training.  Such
medical evidence must be based upon well-established medical principles, as
distinguished from personal medical opinion alone.  Preponderance of
evidence is defined as that degree of proof necessary to fully satisfy the
board members that there is greater than a 50% probability that the disease
was neither incurred during, nor aggravated by, military service.

10.  Department of Defense Instruction 1332.38, Enclosure 3, Part 4
(Standards for Determining Compensable Disabilities), provides at
E3.P4.5.6. (Treatment of Pre-Existing Conditions) that, generally, the
recognized risks associated with treating preexisting conditions shall not
be considered service aggravation.

11.  Title 10, United States Code, section 1201, provides for the physical
disability retirement of a member who has at least 20 years of service or a
disability rated at least 30 percent.  Section 1203, provides for the
physical disability separation with severance pay of a member who has less
than 20 years service and a disability rated at less than 30 percent.

12.  Department of Defense Instruction 1332.38, Enclosure 3, Part 7
(Standards for Determining Compensable Disabilities), provides, in
pertinent part, that the member is not entitled to physical disability
compensation when the disability existed prior to service and was not
permanently aggravated by service.

13.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement,
or Separation), in effect at the time of the applicant's discharge, states
that, based upon the final decision of the U.S. Army Physical Disability
Agency or Army Physical Disability Appeal Board, the U.S. Army Human
Resources Command will issue retirement orders or other disposition
instructions.  Paragraph 4-24b(4) of this document provides, in pertinent
part, for the final disposition for separation for physical disability
without severance pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should have been given a
medical discharge with compensation or a medical retirement from the ARNG
because he suffered a myocardial infarction while performing physical
training with his ARNG unit.  He also contends, in effect, if the Army was
aware that his health was a problem before his heart attack, he should have
been informed of this fact.  He further contends, in effect, that he was
not on medications before the heart attack, but he is now on medications as
a result of the heart attack.  He concludes by stating that he has also
been diagnosed with diabetes, sleep apnea, and supraventricular tachycardia
since having had the heart attack.

2.  The evidence of record shows the applicant indicated on his Annual
Medical Certificate, dated 4 November 2000, that he was taking medication
for his high blood pressure.  The evidence of record also shows that during
subsequent medical examinations (i.e., on 3 November 2002 and 2 March 2003)
the documentation clearly indicates that the applicant was taking
medication for irregular and rapid heart beat.  Consequently, it is
reasonable to assume that the applicant offered this medical information to
the attending physician during these medical examinations and/or was aware
that he was taking medications for his irregular and rapid heart beat prior
to the event on 7 February 2004.  Therefore, the evidence of record shows
that the applicant was aware that his health was a problem before his heart
attack.
3.  The evidence of record shows that the applicant had a medical condition
that existed prior to his enlistment in the ARNG on 26 May 2000.  Moreover,
the preponderance of the evidence indicates that the applicant's cardiac
arrhythmias and atherosclerotic coronary artery disease, for which he had a
cardiac catherization approximately one year prior to the event that
revealed a blocked coronary, was an EPTS condition.  Department  of Defense
Instruction 1332.38 provides that the recognized risks of treating an EPTS
condition cannot be considered service aggravation.  Additionally, the
evidence of record shows competent medical authority approved both the MEB
findings, and subsequently, the PEB findings.  Further, upon review, the
U.S. Army Physical Disability Agency was satisfied that all requirements of
law and regulation were met and that the rights of the applicant were fully
protected throughout the PEB process.

4.  The Army rates only conditions determined to be physically unfitting
that were incurred or aggravated during the period of service.  The
evidence of record shows that the applicant's physical disability EPTS and,
therefore, was properly rated by the U.S. Army Physical Disability Agency
at zero percent.

5.  The evidence of record shows the applicant did not have at least 20
years of service or a disability rated at least 30 percent.  Consequently,
he is not entitled to physical disability retirement.  The evidence of
record also shows that the applicant had less than 20 years service and a
disability rated at less than 30 percent.  However, the evidence of record
also shows that the applicant's disability existed prior to service and was
not permanently aggravated by service. Consequently, he is not entitled to
physical disability separation with severance pay.  Therefore, in view of
all of the foregoing, the Board finds that the applicant's physical
disability discharge without severance pay was in accordance with the Army
regulatory guidance and was both proper and equitable.

6.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW_  __TMR __  __SJS __  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 for correction of the
records of the individual concerned.




                                  ____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017213                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050819                                |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Physical Disability                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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