BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20090017820
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his records be changed to show he was discharged for a service-incurred medical condition.
2. The applicant states he was diagnosed as having a heart condition while in advanced individual training (AIT), but none of his preinduction physicals had found any medical problems. He states that the medical evidence shows that this is an ongoing medical condition.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and 15 pages of post-service medical records.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 20 January 1998 and successfully completed basic training. He completed the academic portion of his AIT.
3. He was referred to a medical evaluation board (MEB) because he was unable to complete the physical fitness portion of his AIT due to dyspnea [difficult or labored respiration] on exertion.
4. The applicant's records contain a 7 May 1998 cardiology consultation report that shows he was referred for an evaluation prior to entry onto active duty due to complaints of chest pain. No specific findings to address the cause of his pain were found at the time; however, additional testing was recommended.
5. The applicant was placed on a permanent physical profile, having been found to be unable to perform the duties of his enlistment military occupational specialty of 92G (Food Service Specialist.)
6. The applicant's records were reviewed by a physical evaluation board (PEB) on 25 August 1998. The proceedings show that the applicant was diagnosed with mitral valve prolapse with dyspnea with dizziness upon exertion. It was determined that the condition pre-existed his entry onto active duty and it was not incurred or aggravated by his limited period of active duty.
7. Medline Plus medical dictionary defines mitral valve prolapse (MVP) as a valvular heart disorder in which one or both mitral valve flaps close incompletely during systole usually producing either a click or murmur and sometimes minor mitral regurgitation and which is often a benign symptomless condition but may be marked by varied symptoms (as chest pain, fatigue, dizziness, dyspnea, or palpitations) leading in some cases to endocarditis or ventricular tachycardia.
8. The applicant was honorably discharged on 26 October 1998, having served 9 months and 7 days of active service. He was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4), by reason of disability, existed prior to service [EPTS], PEB.
9. The medical documentation provided by the applicant shows he has continued to suffer from complications of MVP.
10. Army Regulation 635-40, paragraph 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 AND CONCLUSIONS:
1. The applicant states he was diagnosed as having a heart condition while in AIT but none of his preinduction physicals had found any medical problems. He states that the medical evidence shows that this is an ongoing medical condition.
2. Whether or not the medical condition that resulted in his discharge is ongoing or not is not relevant. In order to be granted a medical retirement the condition has to be shown to have had its onset on active duty and as a result of his military service.
3. The applicant served for only a short period prior to manifesting problems that were ultimately found to be the result of MVP.
4. The record does not contain any evidence and the applicant has not provided any documentation to show that he suffered from a disease or injury incurred while he was on active duty that is shown to be the precipitating agent for the development of his heart condition. Therefore, the determination that the condition exited prior to entry is valid and no correction is warranted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x___ ____x____ ___x_____ 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.
_________x_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090017820
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ABCMR Record of Proceedings (cont) AR20090017820
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