IN THE CASE OF:	  

		BOARD DATE:	    15 May 2012

		DOCKET NUMBER:  AR20110022305 


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 of his military records to show that he was medically retired due to physical disability.

2.  The applicant states he should have been medically discharged based on a line of duty determination, dated 23 November 2003.

	a.  He states that due to his unit's high operational tempo and multiple deployments to Africa, "primaquin" became the preferred anti-malarial drug.

	b.  The drug comes in two different dosages, one dosage being much higher than the other.  He states he was inadvertently prescribed an incorrect dosage that resulted in toxicity to his heart.  He never had any heart palpitations prior to taking the medication, but developed them shortly thereafter.  He adds the medication (and dosage) was prescribed by medical authorities.

	c.  His quality of life has been dramatically reduced and he suffers from several other medical issues.

3.  The applicant provides, in support of his request, copies of the line of duty determination and his 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 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 was born on 26 September 1956.

3.  The applicant had prior honorable active duty enlisted service in the:

* U.S. Air Force from 8 November 1977 through 8 November 1981
* Regular Army from 7 December 1982 through 19 December 1984

4.  The applicant was appointed and ordered to active duty as a reserve commissioned officer in the U.S. Army on 20 December 1984.  He was honorably released from active duty on 6 June 1988 based on expiration of term of service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

5.  The applicant was ordered to active duty on 5 November 2001 for a period of 730 days in support of Operation Enduring Freedom and he was assigned to Headquarters, U.S. Army Element, European Command.

6.  A DD Form 214 shows he was honorably released from active duty on
4 November 2003 in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 2-27, based on completion of required active serve, and transferred to the USAR Control Group (Individual Mobilization Augmentee).

7.  A DD Form 2808 (Report of Medical Examination), dated 12 September 2006, shows in:

* item 27 (Heart):  a checkmark in the "Normal" column
* item 74a (Examinee/Applicant) an "x" in the "is qualified for service" block
* item 77 (Summary of Defects and Diagnoses):  (in part) "Heart palpitations - negative cardiac workup

* The applicant certified with his signature that he was advised of his disqualifying condition (i.e., degenerative arthritis - back and knees)
* The examining physician and approving authority signed the document

8.  U.S. Army Human Resources Command (USA HRC), St. Louis, Missouri, memorandum, dated 2 November 2006, notified the applicant of his eligibility for retired pay at age 60.

9.  A Standard Form (SF) 507 (Medical Record), dated 22 June 2007, shows the Physical Review Board, USA HRC, St. Louis, Missouri, found the applicant met medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness).

10.  USA HRC, St. Louis, Missouri, Orders C-10-818618, dated 29 October 2008, released the applicant from the USAR (Mobilization) on 29 October 2008 and assigned him to the USAR (Retired Reserve), based on 20 or more years of reserve duty.

11.  In support of his application, the applicant provides several medical records that document the applicant's treatment during the period October 2002 to November 2003 that include:

	a.  a Malaria Questionnaire that shows the applicant was going to Tunisia for four days on 21 October (2002).  He was prescribed 100 mg Doxycycline (one tablet daily for 4 weeks) and 26.3 mg Primaquin (one tablet daily for 14 days);

	b.  four SF 600 (Chronological Records of Medical Care), dated 29 October, 30 October, 4 November, and 6 December 2002, that show the applicant was seen for his reaction to recently prescribed medication.  The doctor noted "Allergies:  Combination of Doxycycline and Primaquin";

	c.  an Emergency Care and Treatment Record, dated 5 May 2003; SF 513 (Medical Record), dated 6 May 2003; and SF 600, dated 8 May 2003, that show the applicant did a parachute landing fall, landed on his right mid-back, and he was in a lot of pain;

	d.  an SF 513, dated 4 November 2003, that shows the applicant was monitored for 23 hours and 47 minutes.  There was no evidence of underlying structural heart disease by history (PE echo pending), or ischemic heart disease by non-invasive testing;

	e.  a DD Form 2697 (Report of Medical Assessment) that shows the applicant indicated (in part) "currently suffering heart palpitations."  Item 18 (Physician's Review Notes) shows the applicant was referred to cardiology for evaluation to be cleared for separation.  It also shows the Chief, Cardiology Service, noted "Further testing required to evaluate symptoms of palpitations.  Echo, event monitor scheduled for 7 November (2003)";

	f.  a DA Form 2807-1 (Report of Medical History), dated 14 November 2003, that shows in item 30 (Examiner's Summary and Elaboration of All Pertinent Data) that the applicant "has noted episodes in which (his) heart is skipping beats with associated chest tightness";

	g.  a DD Form 2808, dated 14 November 2003, that shows in:

* item 27 (Heart):  a checkmark in the "Normal" column
* item 74a:  an "x" in the "is qualified for service" block
* the examining physician signed the document

	h.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 24 November 2003, that shows the applicant was treated as an out-patient on "19 November 2003" (sic) at Patch Health Clinic, Stuttgart, Germany, for an injury he sustained during a parachute landing fall.  It also shows in:

* item 11 (Medical Opinion) the attending physician indicated the injury:

* is likely to result in a claim against the government for future medical care
* was incurred in line of duty

* item 12 (The Following Disability May Result):  an "x" in the "Permanent Partial" block
* item 15 (Details of Accident or History of Disease):  "per Chart"

* The commander indicated the injury is considered to have been incurred in line of duty and he signed the document
* The LOD investigation does not contain the decision rendered by the approving authority
* An undated SF 600 (Addendum) that shows the applicant complained of lower back pain since April 2003.  It also shows he indicated he is "functional in present occupation - operations officer"

	i.  Medical information on Primaquine that show for:

* Overdosage/Toxicology:  "Symptoms of overdose include headache, visual changes, cardiovascular collapse, seizures, abdominal cramps, vomiting, cyanosis, methemoglobinemia, leukopenia, respiratory, and cardiac arrest
* Toxic manifestations include (in part) cardiovascular disturbances, especially ventricular dysrhythmias, confusion, and cardiac dysrhythmias
* Primaquine should be administered concurrently in order to eradicate the exo-erythrocytic parasites in an adult dosage of 1 tablet (equivalent to 15 mg base) daily for 14 days

12.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.

	a.  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.  Separation by reason of disability requires processing through the Physical Disability Evaluation System.

	b.  Paragraph 4-17 provides guidance for the Physical Evaluation Board (PEB).  Specifically, it states that the PEB is established to evaluate all cases of physical disability equitably for the Soldier and the Army.

13.  Army Regulation 40-501 provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures.

14.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has a disability rated at least 30%.  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%.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was medically retired due to physical disability because he was prescribed a dosage of the drug primaquine in October 2002 that resulted in toxicity and damage to his heart.

2.  The applicant's contention, the evidence he provided, and his Army records were carefully considered.
	a.  The applicant had an allergic reaction to a prescribed medication (primaquine) in late 2002.

	b.   After suffering an injury from a parachute landing fall in May 2003, he acknowledged that he was able to perform the duties associated with his position.  

   c.  Accordingly, he was found medically qualified for service and he was released from active duty on 4 November 2003.

	d.  The applicant was transferred to the USAR on 5 November 2003 and he continued to serve in an active status.

	e.  On 12 September 2006, the physician who examined the applicant indicated "heart palpitations - negative cardiac workup" and found the applicant qualified for service.

	e.  On 22 June 2007, a Physical Review Board found the applicant met medical retention standards in accordance with Army Regulation 40-501.

	f.  The applicant was released from the USAR on 29 October 2008 and transferred to the USAR (Retired Reserve).

3.  The Army medical records that the applicant provides offer insufficient evidence to show he was unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating that required his referral to the physical disability evaluation system.  In fact, the records show the applicant was qualified for military service.
   
4.  The applicant's administrative separation and transfer to the USAR Retired Reserve was in compliance with all requirements of law and applicable regulations.

	a.  Since there is no evidence of record to show that the applicant's medical condition that is currently under review was medically unfitting for retention, there was no basis for medical retirement.

	b.  Therefore, the applicant is not entitled to PEB or correction of his records to show that he was medically retired based upon a permanent disability rating of 30% or more.

5.  In view of the foregoing, there is no basis for granting the 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 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)                                         AR20110022305



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ABCMR Record of Proceedings (cont)                                         AR20110022305



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