IN THE CASE OF:	

		BOARD DATE:	  3 September 2013

		DOCKET NUMBER:  AR20130000299 


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 he be granted an additional 10 percent disability rating for his shaving profile.

2.  The applicant states:

* he had a shaving profile for bumps and scars from shaving which were not rated by the Army Medical Review Board
* he should have been rated an additional 10 percent for the shaving profile 
* he requested this matter be reviewed in 1986 and this is a continuance of his claim

3.  The applicant does not provide 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 enlisted in the Regular Army on 22 September 1981.  He completed training and was awarded military occupational specialty 76V (Materiel Storage and Handling Specialist).

3.  A DA Form 4700 (Medical Record Supplement), dated 15 December 1981, shows the applicant was seen at the Beard Clinic, Fort Lee, VA, for evaluation and treatment of mild pseudofolliculitis barbae.  He was instructed on shaving and not given a profile.  A review of his available medical records fails to show he was ever given a shaving profile.

4.  Records show:

* the applicant began complaining of low back pain in October 1982
* he frequently visited military treatment facilities over the course of several years due to constant lifting of supply materials
* he was hospitalized 21 October through 19 December 1984 with mechanical low back pain

5.  On 12 July 1984, a medical evaluation board (MEB) found him medically unfit due to mechanical low back pain and referred his case to the physical evaluation board (PEB).

6.  The applicant's pseudofolliculitis barbae was not referred by the MEB for consideration by the PEB.

7.  On 3 August 1984, the PEB found him unfit and recommended a disability rating of 10 percent for mechanical low back pain and separation with severance pay.

8.  The applicant non-concurred with the recommendation and requested a formal PEB.

9.  On 20 September 1984, a formal PEB:

* granted him a 20 percent disability rating for his mechanical low back pain with pain on motion and intermittent spasms
* approved his separation with severance pay

10.  On 19 December 1984, the applicant was honorably discharged due to a physical disability and given severance pay.  His DD Form 214 (Certificate of Release of Discharge from Active Duty) shows he completed 3 years, 2 months, and 28 days of creditable active military service.

11.  On 20 December 1984, the Department of Veterans Affairs (VA) granted the applicant a 40 percent disability rating for residual low back strain with limitation of motion and sciatica of the lower extremities.

12.  On 4 May 1985, the applicant appealed to the ABCMR to raise his disability rating due to VA evaluations which showed severe muscle spasm and service-connected lower back spinal sprain.

13.  On 17 June 1986, the Office of the Surgeon General reviewed the applicant's case as part of the ABCMR process and concurred with the findings of the MEB and PEB.

14.  On 10 December 1986, the ABCMR denied the applicant's request.

15.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) 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.  Separation by reason of disability (i.e., a "medical discharge") requires processing through the PDES.

   a.  Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability.
   
   b.  Chapter 4 contains guidance on processing through the PDES, which includes the convening of an MEB to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  If the MEB determines a Soldier does not meet retention standards, the case will be referred to a PEB.  The PEB evaluates all cases of physical disability equitably for the Soldier and the Army.  The PEB investigates the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board.  It also evaluates the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating.  Finally, it makes findings and recommendations required by law to establish the eligibility of a Soldier to be separated or retired because of physical disability.  
   
   c.  This regulation further provides that to be permanently retired for physical disability, a Soldier's disabling condition must have been incurred or aggravated while entitled to basic pay and the condition must be rated as 30% disabling or more.
   
16.  Army Regulation 40-501 (Standards of Medical Fitness), chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), gives the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below retention standards.  This chapter does not specifically address pseudofolliculitis barbae; however, it does state skin disorders may be cause for referral to an MEB if chronic or of a nature that requires frequent medical care, or if they interfere with the satisfactory performance of military duty.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have had mild pseudofolliculitis barbae, records show he was not given a profile for this condition and this condition was not severe enough to warrant referral by the MEB to the PEB on the basis that it did not meet retention standards.

2.  His administrative separation on 19 December 1984 was accomplished in accordance with regulations then in effect.

3.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130000299



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ABCMR Record of Proceedings (cont)                                         AR20130000299



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