BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090019837
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, in effect, setting aside the decision of his Physical Evaluation Board (PEB) that he is unfit for military service and that he be reinstated in the U.S. Army Reserve (USAR).
2. The applicant states since his discharge, he has been seeing a kidney specialist (medical doctor) who has changed his medications and brought his high blood pressure under control.
3. The applicant provides:
* a copy of a letter from his doctor
* a copy of Orders 09-131-00019, Headquarters, 88th Regional Support Command, dated 11 May 2009, transferring him to the Retired Reserve
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from 17 August 1970 to 21 August 1973. Upon his honorable release from active duty, he was transferred to the USAR. He served in the USAR from 22 August 1973 through 9 June 2009.
2. The applicant entered the Army's Physical Disability Evaluation System (PDES) as a result of uncontrolled hypertension - complications of uncontrolled
high blood pressure include heart attack, congestive heart failure, stroke, kidney failure, peripheral artery disease, and aortic aneurysms. On 9 February 2009, he received a PEB which determined he was unfit for continued military service and referred to his case to the USAR for disposition.
3. The USAR issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15-Year Letter), dated 12 June 2009.
4. The applicant was placed in the Retired Reserve effective 10 June 2009.
5. The applicant provided a letter from a doctor stating he was taking:
* hydrochlorothiazide, 25mg, once a day
* coreg, 12.5mg, twice a day
* procardia XL, 60mg, twice a day
The doctor states the applicant has experienced very good blood pressure control on these drugs.
6. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability.
a. The U.S. Army Physical Disability Agency (USAPDA), under the operational control of the Commander, U.S. Army Human Resources Command, Alexandria, VA (USAHRC-Alexandria), is responsible for operating the PDES and executes Secretary of Army decision-making authority as directed by Congress in Title 10, U.S. Code, chapter 61, and in accordance with Department of Defense (DoD) Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). The objectives of the PDES are to:
* Maintain an effective and fit military organization with maximum use of available manpower
* Provide benefits for eligible Soldiers whose military service is terminated because of service-connected disability
* Provide prompt disability processing while ensuring that the rights and interests of the government and the Soldier are protected
b. A Soldier is referred into the PDES when he/she no longer meets medical retention standards in accordance with Army Regulation 40-501 (Standards of
Medical Fitness), chapter 3, as evidenced in a medical evaluation board (MEB); receive a permanent medical profile of P3 or P4 and are referred by an MOS/Medical Retention Board (MMRB); are command-referred for a fitness for duty medical examination; or referred by the Commander, USAHRC-Alexandria.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants, in effect, the results of his PEB set aside and to be reinstated in the active Reserve.
2. The applicant had uncontrolled hypertension and he was referred to the PDES. The PDES found him unfit and referred him back to the USAR for disposition.
3. The USAR qualified the applicant for early retirement and issued him a
15-Year Letter in June 2009. The USAR then removed the applicant from the active Reserve and placed him in the Retired Reserve.
4. The applicant has provided a doctor's letter stating that his hypertension is now controlled by three different prescription drugs.
5. The applicant's hypertension was a serious condition and forced his entry into the PDES. The PDES correctly evaluated his condition and properly found him unfit for continued service. Notwithstanding the letter from the civilian physician, the applicant was and continues to be unfit for further service and he has not shown otherwise.
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.
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