IN THE CASE OF:	

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20090019688 


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 correction to the narrative summary of his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) as follows:

* CHIEF COMPLAINT - remove entry "My feet hurt"
* PRESENT ILLNESS - remove entries indicating he had problems with his feet
* PHYSICAL EXAMINATION AND LABORATORY DATA - add information from letters, dated 30 July 1981 and 12 October 1983, which disagree with findings
* DIAGNOSIS - remove entry "7546 - Pes planus.  EPTS:  Not Service Aggravated"
* DIAGNOSIS - remove entry "7221 - Sciatica, resolved" and replace it with the entry "Back Injury with Sciatica, Service Connected"

2.  The applicant states the following:

	a.  The doctor who gave him a medical discharge for flat feet lied when he wrote the chief complaint entry on his DA Form 4707.

	b.  He never had any problem with his feet.

	c.  He was sent to the base hospital from the troop clinic because he hurt his back and had sciatica.  [Sciatica refers to pain, weakness, numbness, or tingling in the leg.  It is caused by injury to or compression of the sciatic nerve].

	d.  He was treated at the hospital for sciatica that was never resolved.

	e.  He never stated to anyone, including the doctor, that he had some problems with his feet before he entered active duty or that the running, marching, etc., had bothered him since coming on active duty.

3.  The applicant provides the following documents:

* five-page supplemental letter, dated 13 October 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* letter, dated 30 July 1981, from an orthopedic surgeon
* letter, dated 12 October 1983, from an orthopedic surgeon
* request for a medical waiver, dated 3 April 1984, from the Boston U.S. Army Recruiting Battalion
* medical waiver denial letter from the U.S. Army Enlistment Eligibility Activity, St. Louis, MO, dated 25 May 1984
* certificate of change of name, dated 20 April 1982

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant underwent a medical examination on 22 January 1981 for the purpose of enlistment.  The examining physician indicated the applicant was qualified for service with a physical profile of "211221."  On the same date, he completed a Standard Form 93 (Report of Medical History) in which he marked "NO" under item 11 indicating that he never had or currently had foot trouble.

3.  The applicant enlisted in the Regular Army on 30 April 1981.  He was assigned to Fort McClellan, AL, for one-station unit training (OSUT) in May 1981.

4.  On 9 June 1981, the applicant was placed on a temporary physical profile for sciatica.  His assignment limitations were listed as no crawling, stooping, running, jumping, marching, or standing for long periods and no mandatory strenuous physical activity.  This profile expired on 23 June 1981.

5.  On 23 June 1981, the applicant was again placed on a temporary physical profile for sciatica.  His assignment limitations remained the same as listed in the physical profile, dated 9 June 1981.  This profile expired on 7 July 1981.

6.  The applicant's service record contains a Standard Form 519-A (Radiographic Report) which revealed standing lateral views of the left and right tarsals [bones] and metatarsals [long bones in the forefoot] showing flattening of the tarsal arch.  No bony destruction was identified.

7.  His service record contains an unsigned DA Form 3349 (Physical Profile), dated 7 July 1981, which shows he was placed on a temporary physical profile for sciatica and pes planus [flat feet].  Block 7 on this form indicated sciatica was resolved and the profile limitations would remain in effect until completion of medical board.

8.  His service record contains a Standard Form 600 (Chronological Record of Medical Care) which shows he returned to the Noble Army Hospital Orthopedic Clinic, Fort McClellan, on 7 July 1981 for a follow-up visit for right hip pain.  The examining physician noted the applicant had foot pain and trouble when standing for prolonged periods.

9.  An EPSBD met on 7 July 1981.  The EPSBD found the applicant was medically unfit for enlistment in accordance with current medical fitness standards.  In the opinion of the evaluating physicians, the condition(s) existed prior to service (EPTS).  The EPSBD proceedings indicated the applicant was referred to the orthopedic clinic because of pain in his right hip and also because of his feet hurting.  The evaluating physician stated the applicant was treated at the clinic for sciatica which was resolved but his foot pain had continued.  The applicant stated he had some problems before he entered active duty with his feet and since coming on active duty, the running, marching, etc., had really bothered him.

10.  The EPSBD indicated the applicant had the following medical conditions:

* pes planus – EPTS, not service aggravated
* sciatica – resolved
* facial bony underdevelopment with reconstructive surgery – EPTS, not service aggravated
* defective hearing – EPTS, not service aggravated
* defective vision – EPTS, not service aggravated

11.  The EPSBD indicated that although the applicant met retention criteria, it was felt to be in the best interest of the applicant medically and the U.S. Government to separate him from active duty.  The EPSBD recommended that the applicant be separated under the provisions of Army Regulation 
635-200 (Personnel Separations), paragraph 5-7.  The applicant was given a physical profile of "213221."  The appropriate medical approving authority approved the findings on 16 July 1981.

12.  On 20 July 1981, the applicant acknowledged that he had been informed of the medical findings and indicated he understood that legal advice of an attorney employed by the Army was available to him or that he could consult civilian counsel at his own expense.  He also indicated he understood that he could request to be discharged from the U.S. Army without delay or request retention on active duty.  He concurred with the proceedings and requested to be discharged from the U.S. Army without delay.

13.  The appropriate discharge authority directed the applicant be discharged from the Army under the provisions of Army Regulation 635-200, paragraph       5-7c(2), with issuance of an Honorable Discharge Certificate.  He was accordingly discharged on 27 July 1981.

14.  In a 30 July 1981 letter, an orthopedic surgeon stated the following:

* applicant was examined by him on 30 July 1981
* applicant was told in the past that he had flat feet
* applicant's physical examination revealed he had a normal longitudinal arch and metatarsal arch with non-weight bearing and weight bearing
* applicant had normal feet and should be able to withstand the strains of Army life

15.  In a 12 October 1983 letter, an orthopedic surgeon stated the following:

* applicant provided him history regarding his feet dated back to 1981
* applicant stated he developed sciatica in the lower extremity, was given a diagnosis of pes planus, and was discharged from the service
* applicant stated the treating physician was aware of the fact that he did not have a flat foot and had no symptoms referable to his feet
* applicant stated he has been active in athletics, works on a daily basis where he has to stand for long periods of time, and jogs on a regular basis
* no complaints of pain on palpating the longitudinal arch and there were no gross deformity of the foot
* applicant was sent for standing x-rays of his feet and the bony architecture appeared normal
16.  On 3 April 1984, a commanding officer recommended approval of a request for a medical waiver to determine whether the applicant was qualified for a 4-year enlistment in the Regular Army.  On 2 May 1984, the appropriate medical authority determined the applicant was not medically qualified for enlistment.

17.  Army Regulation 635-200, paragraph 5-7, governs separation of personnel who did not meet procurement medical fitness standards.  Subparagraph 5-7c(2) states that members who had not completed basic training or 8 weeks of OSUT and those who had completed their military service obligation would be discharged.

18.  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:

1.  The applicant's contentions in regard to correction of his DA Form 4707 are acknowledged.  However, it is presumed the applicant was examined by competent military medical personnel who made a valid determination that he was medically disqualified for further military service.  In the absence of evidence to the contrary, it is presumed that the evaluating physician got his information from the applicant.

2.  The applicant's service record shows the following:

* he entered active duty with a substandard PULHES
* he experienced medical problems during OSUT
* he underwent an EPSBD which recommended separation
* he concurred with the EPSBD proceedings
* two medical doctors said he was qualified for military service with no flat feet
* he attempted a 4-year enlistment in 1984
* he was not granted a medical waiver
* he now wants correction of his EPSBD proceedings 25 years later

3.  The evidence of record does not indicate that an error or injustice exists in this case.  Therefore, there is no basis for granting the applicant's request.

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)                                         AR20090019688



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ABCMR Record of Proceedings (cont)                                         AR20090019688



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