BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011502 


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 credit for all service awards and acknowledgement of his disability. 

2.  The applicant states he was given a temporary records discharge.  He had aggravated his disability in line of duty. 

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Department of Veterans Affairs (VA) Form 10-10EZ (Application for Health Benefits). 

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 records show he enlisted in the Regular Army on 24 October 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  

3.  Subsequent to completion of MOS training, he was reassigned to Fort Benning, GA, where he completed the Basic Airborne Course.  

4.  Special Orders (SO) Number 172, issued by Headquarters, 1st Training Brigade, U.S. Army Training Center, Fort Gordon, GA, on 7 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 

5.  His records contain a narrative summary dated 17 August 1967 that shows:

	a.  He gave a history of an illness at age 12, characterized by fever and stiffness in the right knee.  He was told at the time that he had rheumatic fever and he was hospitalized for 2 weeks.  Five years later, he was started on penicillin.  He was never told he had a heart murmur.  He was admitted to the hospital at Fort Bragg, NC, when he had a cold manifested by fever and rhinorrhea, but no sore throat.

	b.  He underwent a thorough examination during his hospital course.  He was seen by a cardiology consultant who agreed the applicant had combined aortic and mitral valve disease in the form of aortic stenosis and mitral stenosis.  He was diagnosed with Valvulitis, rheumatic, inactive with deformity of the aortic valve; and Valvulitis, rheumatic, inactive with deformity of the mitral valve.

	c.  He was determined to be unfit for retention in accordance with chapter 3, Army Regulation 40-501 (Standards of Medical Fitness).  The military doctor recommended his case be sent to a physical evaluation board.  

6.  On 22 August 1967, a medical evaluation board (MEB) convened at Fort Bragg, NC, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB determined the applicant had the medical conditions of Valvulitis, rheumatic, inactive with deformity of the aortic valve; and Valvulitis, rheumatic, inactive with deformity of the mitral valve, both existed prior to service (EPTS), and that his heart valve disease rendered him unfit. 

7.  The MEB recommended his separation under the provisions of chapter 9 of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).  The applicant was counseled and informed of the MEB's findings and recommendation.

8.  On 22 August 1967, he submitted an application for expeditious discharge from the Army by reason of physical disability.  He indicated and/or acknowledged: 

* he was informed that based on the findings and the recommendations of the MEB, he was considered unfit for military service by reason of physical disability that was EPTS and was neither incident to nor aggravated by military service
* he was fully informed and understood he was entitled to the same consideration and processing as any other member who is separated for physical disability
* he understood he was entitled to consideration of his case by the adjudicative system established by the Army for processing disability separation
* he elected to exercise his right to be discharged
* he understood that entitlement to VA benefits would be determined by the VA
* if his separation were approved, he would be separated by reason of physical disability that was EPTS and would receive a discharge commensurate with the character of his service

9.  On 13 September 1967, the separation authority approved the applicant's discharge in accordance with paragraph 9-8 of Army Regulation 635-40.  

10.  On 14 September 1967, Headquarters, XVIII Airborne Corps, Fort Bragg, NC, published Orders 214 ordering the applicant's discharge effective 15 September 1967 by reason of physical disability.  Accordingly, the applicant was discharged on 15 September 1967.

11.  His DD Form 214 shows he was discharged by authority of paragraph 9-8 of Army Regulation 635-40 by reason of physical disability.  He completed 10 months and 22 days of total active service.  His DD Form 214 also shows he was awarded or authorized the National Defense Service Medal and the Parachutist Badge.

12.  Army Regulation 635-40 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.  It provides for MEBs which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.
13.  Chapter 9 of Army Regulation 635-40, in effect at the time of the applicant's discharge, provided the procedures for the expeditious discharge for disabilities that were EPTS.  It provided that when an enlisted member on active duty was believed to be incapable of performing his or her duties with reasonable effectiveness because of a disability, which was believed not to have been aggravated during any period of active service, the commander concerned would initiate action to request a physical examination.  The medical examination would be forwarded to a medical board for use in consideration of the case and a medical board evaluation would be accomplished.  It further stated that when the medical board recommended a member's separation because of medical unfitness which existed prior to entry into military service or which was incurred when the member was not entitled to basic pay and which had not been aggravated by such service, the medical treatment facility commander would cause the member to be offered the opportunity for expeditious separation, if he or she was otherwise eligible.

14.  Army Regulation 635-40 states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the awards and decorations:

	a.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  This award is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

	b.  The applicant's records contain no other SO or general orders awarding him any awards or badges.  Likewise, although he did not specifically state what award he earned, it does not seem he qualified for any other individual or unit awards during his military service. 


2.  With respect to acknowledgement of his disability:  

	a.  The evidence of record shows the applicant suffered from a medical condition that rendered him unable to satisfactorily perform the duties of his grade and military specialty.  According to accepted medical principles, the manifestation of a chronic disease from the date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) is accepted as proof that the disease existed prior to entrance into active military service.  Consequently, his records were evaluated by an MEB.

	b.  By regulation, there is a presumption that a Soldier was in sound physical and mental condition upon entering active service (presumption of soundness) except for physical disabilities noted and recorded at the time of entry or when there is an evidence of an EPTS condition that is discovered shortly after entry on active duty.  As a matter of policy, the Army accepts many members with EPTS conditions on the chance that they can successfully complete training and serve.  When disqualifying symptoms occur during training or shortly after entry on active duty, these individuals are procedurally subject to separation based on the EPTS condition.

	c.  The applicant's MEB clearly shows he suffered a medical condition that was determined to have been EPTS, was not aggravated by service, and was not incurred in the line of duty.  The medical board diagnosed him as unfit for retention.  He voluntarily requested expeditious discharge by reason of physical disability of an EPTS medical condition due to this EPTS condition and, having met the criteria of chapter 9 of Army Regulation 635-40 in effect at the time, the separation authority approved his discharge.

	d.  There is no evidence suggesting the applicant ever requested (demanded) a hearing before a physical evaluation board (PEB), which was his right to do.  To the contrary, the evidence confirms he voluntarily requested expeditious discharge due to his EPTS medical condition, which, in effect, confirms he elected not to demand a PEB hearing of his case and he agreed to the EPTS aspects of his condition which had been established by a medical board.

	e.  His narrative reason for separation was assigned based on his separation under the provisions of chapter 9 of Army Regulation 635-40 due to his EPTS condition.  Therefore, the applicant received the proper narrative reason for separation.  It is noted that the applicant's narrative reason for separation clearly states "physical disability" which is a medical discharge.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Sharpshooter Marksmanship Qualification Badge with Rifle Bar to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his physical disability. 




      _______ _   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)                                         AR20130011502



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011502



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1