BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120008630 


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, a medical discharge.

2.  The applicant states the wrong reason was given for her discharge.  It should have been a medical discharge due to Atrial Fibrillation.  This was the reason for her discharge, not the failure to meet physical training (PT) requirements.  She did not fully understand what they meant at the time.

3.  The applicant provides no additional evidence.

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's military records show she was found qualified and enlisted in the U.S. Army Reserve Delayed Entry Program for 8 years on 22 June 1995.  She was ordered to active duty for training and entered active duty on 11 July 1995.

3.  On 21 August 1995, during her 6th week of basic combat training (BCT), she underwent an Entrance Physical Standards Board (EPSBD).  She was diagnosed with palpitations and dizziness.  The board proceedings show:

	a.  Entering BCT, she had noted dizziness and palpitations towards the end of her PT runs.  She had been unable to complete her runs in the allotted time.  On 18 August 1995, she was in the prone position with her rifle when she began feeling nauseated and dizzy.  She stood up and noted palpitations, skipping heart beats, and shortness of breath.  Her palpitations lasted for about 3-5 minutes.  She was taken to the emergency room.  An EKG (electrocardiogram) revealed a sinus tachycardia of 101.  She was discharged and referred to the Internal Medicine Clinic.

	b.  On 18 August 1995, she had two more episodes of palpitations and dizziness.  On 21 August, she also experienced palpitations upon awakening which lasted a few minutes.  About two years earlier, she had a similar episode of palpitations which was attributed to food poisoning.  Prior to entering the service, she did not run.  

   c.  On 21 August 1995, she had a Bruce treadmill stress test.  During the test, she periodically noted palpitations; however, no arrhythmias were seen.  She ran 12 minutes and 27 seconds, but was unable to reach her maximum predicted heart rate because of dizziness.  Her symptoms during the treadmill were similar to the symptoms she experienced during the PT runs.  

4.  The EPSBD found that the applicant's palpitations and dizziness prevented her from safely completing BT.  Because no arrhythmias were seen when she was experiencing palpitations, her symptoms could be due to hyperventilation.  The EPSBD recommended her separation from service in accordance with Department of Defense Directive 6130.3 (Physical Standards for Appointment, Enlistment, and Induction), section kk, section 3, for this EPTS (existed prior to service) condition.  She was given a temporary profile to suspend training pending discharge.




5.  On 30 August 1995, she waived her right to counsel, concurred with the EPSBD's findings, and requested discharge from the Army without delay.

6.  On 1 September 1995, the appropriate separation authority approved the applicant's discharge.

7.  She was discharged in pay grade E-1 on 8 September 1995 under the provisions of Army Regulation 635-200 (Personnel General - Enlisted Separations), paragraph 5-11, by reason of failure to meet procurement medical fitness standards.  Her character of service was uncharacterized.  She was credited with completing 1 month and 28 days of net active service.

8.  Army Regulation 635-200, in effect at the time, provided the basic authority for the separation of enlisted personnel:

	a.  Paragraph 5-11 specifically provided that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training would be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and that the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501 (Standard of Medical Fitness), chapter 3.  

	b.  The characterization of service for Soldiers separated under this provision of the regulation would normally be honorable, but would be uncharacterized if the Soldier is in an entry-level status.  A Soldier was in an entry-level status if the Soldier had not completed more than 180 days (6 months) of creditable continuous active duty prior to the initiation of the separation action.

9.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, established the Army Physical Disability Evaluation System (PDES).  It set forth policies, responsibilities, and procedures that apply in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier was found unfit because of physical disability, the regulation 


provided for disposition of the Soldier according to applicable laws and regulations.  Soldiers were referred into the PDES system when they no longer met medical retention standards in accordance with Army Regulation 40-501, chapter 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant underwent an EPSBD and was diagnosed with palpitations and dizziness within 6 weeks of her BCT.  The EPSBD found her diagnosis prevented her from safely completing BT.  No arrhythmias were seen and the board determined her symptoms could be due to hyperventilation.  The EPSBD recommended she be separation from the Army for failure to meet medical procurement standards.

2.  She concurred with the findings of the EPSBD and requested immediate discharge from the Army.  She was discharged accordingly on 8 September 1995 for failure to meet procurement medical fitness standards.  Because her medical condition was not medically unfitting for retention in accordance with Army Regulation 40-501, there was no basis for a medical retirement or separation.

3.  The disposition of Soldiers who do not meet the Army's procurement medical fitness standards is through administrative separation and not through the Army's PDES.  As such, she was properly and equitably discharged in accordance with the regulations in effect at the time.  No evidence of arbitrary or capricious actions by the command was found.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  She has provided insufficient evidence and there is no evidence of record to support her contention she should have received a medical discharge.

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)                                         AR20120008630





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ABCMR Record of Proceedings (cont)                                         AR20120008630



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