BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130011358
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 removal of documentation of a medical waiver from his Army Military Human Resource Record (AMHRR).
2. He states a medical waiver was placed in his records in error when he enlisted. He has since been seen by several doctors through the Department of Veterans Affairs (VA). They have conducted tests and determined he does not have the heart murmur that is recorded in his record. He deployed to Iraq in 2010 and performed at "a very high rate." He recently tried to enter active duty and was denied because of the medical waiver he received to join the U.S. Army Reserve (USAR). He states he cannot enter active duty unless the waiver is removed from his AMHRR.
3. He provides copies of a DD Form 2808 (Report of Medical Examination),
DD Form 1966 (Record of Military Processing - Armed Forces of the United States), and a three-page Radiology Report.
CONSIDERATION OF EVIDENCE:
1. On 25 March 2008, the applicant underwent a medical examination prior to enlisting in the USAR. The DD Form 2808 documenting the examination shows he was referred for a cardiology consultation. Item 73 (Notes and Significant or Interval History) indicates he was seen by a cardiologist on or about 15 April 2008 and he was found to have "trivial mitral regurgitation" (heart murmur). On 16 April 2008, he was found not qualified for service and notified of the finding by letter.
2. A DD Form 1966 shows he enlisted in the USAR on 21 April 2008 for a period of 8 years with an approved medical waiver.
3. He successfully completed initial entry training, and he was awarded military occupational specialty 21B (Combat Engineer).
4. His record shows he served on active duty in support of Operation Iraqi Freedom from 14 January 2010 to 5 January 2011. During this period, he served in Iraq from 3 March to 18 August 2010 and in Kuwait from 18 August to 1 December 2010.
5. He is currently serving in the USAR as a specialist/E-4. His physical profile in the Total Army Personnel Database Reserve shows he has no physical limitations.
6. He provides a Radiology Report printed at the St. Cloud (MN) VA Health Care System. In an entry dated 30 May 2013, a physician stated he and another physician had examined the applicant and found he had "no heart murmur or likely cardiac disease."
7. Army Regulation 600-8-104 (Military Personnel (MILPER) Information Management/Records) prescribes the policies and mandated operating tasks for the MILPER Information Management/Records Program of the MILPER System. It establishes principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support MILPER Information Management/Records. It states that once placed in the AMHRR, a document becomes a permanent part of that file. The document will not be removed from an AMHRR or moved to another part of the AMHRR unless directed by competent authority.
8. The Army Soldier Records Branch, U.S. Army Human Resources Command, maintains a list of documents required for filing in the AMHRR maintained in the integrated Personnel Electronic Records Management System (iPERMS). This list includes the DD Form 1966. The list states the initial and separation DD Form 2808 will be filed.
DISCUSSION AND CONCLUSIONS:
1. The available evidence does not support the applicant's request for removal of documentation of a medical waiver from his AMHRR.
2. Although he has provided documentation from the VA showing he does not have a heart murmur or cardiac disease, this is not evidence of error in the documentation of his physical condition at the time of his initial enlistment. The VA Radiology Report he provides is dated approximately 5 years after his initial entry. It is possible that the "trivial mitral regurgitation" found during his entrance medical examination can no longer be detected.
3. Although he has stated documentation of a medical waiver in his record has prevented his entry on active duty, he has provided no documentary evidence to substantiate his statement.
4. The documents in his AMHRR related to his request are his initial DD Form 2808 and his DD Form 1966. Both documents are required to be filed in the AMHRR. In the absence of evidence showing these documents are incorrect, there is an insufficient basis upon which to grant the relief he has requested.
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) AR20130011358
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