IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110000107 


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 the reason, authority, and separation code for his discharge be changed from alcohol abuse rehabilitation failure to physical disability.

2.  The applicant states he had an allergic reaction to a smallpox vaccination that caused a heart condition.  His unit abused him and he received inadequate medical attention.  He started self-medicating with alcohol to manage his pain.

3.  The applicant provides:

* service medical records
* service record documents 
* Alcohol and Substance Abuse Program (ASAP) documents
* post-service documents, including a certificate of completion for a 60-day treatment program

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 December 2008 in pay grade E-2, completed training as a motor transport operator, and he was assigned to Company A, 307th Brigade Support Company, 82nd Airborne Division, Fort Bragg, North Carolina, in June 2009.

2.  In mid-July 2009 he was placed on a physical profile to restrict his activity due to a reaction to a smallpox vaccination.  The profile limited his aerobic activity because of cardiac-related problems.  Examinations for chest and cardiac problems were all normal and a diagnosis of vaccination-induced myopericarditis was offered.

3.  MedlinePlus, an online medical reference service maintained by the U.S. National Library of Medicine National Institutes of Health, reports:

There is evidence suggesting that smallpox vaccination may cause heart inflammation (myocarditis), inflammation of the membrane covering the heart (pericarditis), and a combination  of these two problems (myopericarditis).  A few cases of heart pain (angina) and heart attack also have been reported following smallpox vaccination.  It is not known at this time if smallpox vaccination causes angina (chest pain) or heart attacks.

4.  The applicant's physical profile was continued through mid-November 2009 while the applicant's complaints of chest pains were further examined.  A magnetic resonance imaging (MRI) test done on 3 November 2009 identified no cardiac structural abnormalities.

5.  The applicant was admitted to Womack Army Medical Center for alcohol withdrawal and detoxification on 23 November 2009.  On 27 November 2009, he was released under supervision and instructed to stop alcohol intake.  Sergeant First Class M____ E____ ordered the applicant to abstain from alcohol in a 30 November 2009 counseling session about ASAP.  He was informed that the unit was trying to get him placed into a treatment program and he was cautioned that if he had thoughts of drinking, he was to call this noncommissioned officer, his ASAP counselor, and/or Alcoholics Anonymous.

6.  Medical evaluation and treatment for pericarditis and alcohol abuse continued.  An 18 December 2009 physical examination was normal.  On 29 December 2009, a police escort brought the applicant to the emergency room in an intoxicated, combative state.

7.  An 18 December 2009 physical examination found the applicant qualified for service.

8.  The company commander notified the applicant that he intended to recommend separation with an honorable discharge for alcohol or other drug abuse rehabilitation failure.  The applicant was afforded the opportunity to consult with counsel.  He waived his right to representation by counsel and indicated he would not submit statements in his own behalf.

9.  The separation authority approved the recommendation and directed issuance of an honorable discharge.  The applicant was discharged on 26 January 2010 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for alcohol abuse rehabilitation failure.

10.  The applicant provided the following in support of his request:

	a.  service medical documents, including profiles and diagnoses;

	b.  service personnel documents showing the applicant was awarded an Army Achievement Medal and Certificate for being selected as the distinguished leader during advanced individual training, was qualified for parachute duty and was awarded the Parachutist Badge, and was awarded an Army Achievement Medal and Certificate for scoring 296 on the Army Physical Fitness Test;

	c.  ASAP documents, including an initial 30 November 2009 counseling statement, an 8 December 2009 counseling statement about drinking in his barracks room, a 15 December 2009 counseling statement about possible separation recommendation for alcohol rehabilitation failure, a 21 December 2009 counseling statement about recommended separation for alcohol rehabilitation failure, and a 30 December 2009 counseling statement for calling 911 and then being so disorderly upon the arrival of emergency medical assistance that the military police had to be called to subdue and handcuff him; and

	d.  post-service documents, including correspondence to/from his Congressman and Department of Veterans Affairs (VA) and medical correspondence to/from the Defense Finance and Accounting Service about recoupment of the unearned portion of his enlistment bonus.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 9 contains the authority and outlines the procedures for discharging Soldiers because of alcohol or other drug abuse.  A member who has been referred to the Army Drug and Alcohol Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.  Nothing in this chapter prevents separation of a Soldier who has been referred to such a program under any other provisions of this regulation.  Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures.  The service of Soldiers discharged under this chapter will be characterized as honorable or general under honorable conditions unless the Soldier is in an entry-level status.  The current regulation still mentions ADAPCP; however, a number of years ago the program name was changed to ASAP.

12.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  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 physical disability incurred or aggravated in service.  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, rank, or rating.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he should have been retired due to physical disability.  He had an allergic reaction to a smallpox vaccination that caused a heart condition.  His unit abused him and he received inadequate medical attention.  He started self-medicating with alcohol to manage his pain.

2.  While there is evidence that smallpox vaccinations can cause heart conditions, there is no available evidence the applicant was physically unfit to perform his military duties.  An 18 December 2009 physical examination found the applicant qualified for service.

3.  He was declared an ASAP failure because of his alcohol-related incidents.  Even if he does relate his drinking to self-medication, his completion of a post-service 60-day treatment program demonstrates his ability to stay sober when suitably motivated.  The applicant was responsible for his own drinking.

4.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons were therefore appropriate considering all the facts of the case.

5.  In view of the foregoing there is no basis for granting the applicant's requested relief.



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 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)                                         AR20110000107



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ABCMR Record of Proceedings (cont)                                         AR20110000107



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