BOARD DATE:	  15 January 2015

		DOCKET NUMBER:  AR20140007195 


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 her DA Form 3647-1 (Medical Record Cover Sheet), dated 31 May 1979, to show she incurred a heat stroke instead of acute gastroenteritis.

2.  The applicant states she incurred a heat stroke during basic training due to the high temperature.  The treating physician at the base hospital received incorrect information about her condition.  Her medical records were misplaced and several attempts to retrieve them were unsuccessful.

3.  The applicant provides:

* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* extracts of medical and dental records
* DD Form 214 (Report of Separation from Active Duty)

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 15 May 1979.  She attended basic training at Fort Jackson, South Carolina.

3.  The applicant's medical records show:

	a.  On 28 May 1979 after 2 weeks of basic training, she complained of being dizzy, shaky, and she passed out while drilling, but was in shade.  Her body temperature was recorded as 98.4 degrees.  Her examination revealed no abnormal physical findings and she was prescribed rest and acclimatization.

	b.  On 30 May 1979, she passed out and she was found in a supine position on the floor complaining of severe stomach cramps and dizziness.  She was transported to the emergency room.

	c.  On 30 May 1979, she was admitted to the hospital.  Her body temperature was recorded as 99.2 degrees.  She passed out after running and complained of abdominal and leg cramps.  She stated she was on a march when she developed leg cramps.  She was prescribed Gatorade (sports-themed beverage mixture of water, sodium, sugar, potassium, phosphate, and fruit flavoring as a replacement for body fluids lost during physical exertion).

4.  A DA Form 3647-1, dated 31 May 1979, shows she was discharged from the hospital and returned to duty.  She was diagnosed with acute gastroenteritis under VA Schedule for Rating Disabilities code 0092.

5.  The applicant's medical records, dated 5 June 1979, show:

* she complained of dizziness and passing out and requested a physical
* she stated she wanted to be discharged from the Army because she was unable to adjust to military life
* she had had feet and leg pain for 2 days
* she had no swelling or discoloration on her legs and she had a small amount of swelling at her Achilles tendon
* she was prescribed a balm and Domeboro (aluminum acetate solution) soaks
* she asked the health care provider, "What other way other than medical can I get out of the military?"

6.  On 12 June 1979, the applicant was notified that she was being processed for separation under the provisions of Army Regulation 635- 200 (Personnel Separations – Enlisted Personnel), paragraph 5-33 (Trainee Discharge Program (TDP)), due to her refusal to adapt to a military environment.  She acknowledged notification and indicated she did not desire to make a statement or desire a separation physical examination.

7.  Training and Doctrine Command Forms 871 (TDP Counseling) shows she was unable to train due to her physical condition on numerous occasions between 28 May 1979 and 9 June 1979.  These forms also show:

* she was in extremely poor physical condition and unable to acclimatize
* her height was 5 feet and 4 inches and she weighed 150 pounds
* she was unable to do more than 15 minutes of drill and ceremony, regardless of the time of day
* she was completely unable to do physical training
* she was evacuated to the hospital on 28 May 1979, 31 May 1979, and 4 June 1979 for shortness of breath, exhaustion, and heat
* she was no longer taking part in barracks clean-up on 6 June 1979 in hopes of a speedy discharge
* she indicated she wanted a discharge because she was unable to adapt to hot weather

8.  On 14 June 1979, her immediate and battalion commanders recommended approval of her discharge.

9.  On 19 June 1979, the separation authority approved the applicant's separation with an honorable discharge.

10.  On 22 June 1979, the applicant was discharged accordingly.  Her DD Form 214 shows she completed 1 month and 8 days of active service.

11.  Her medical records are void of and she failed to provide any evidence she incurred a heat stroke while serving on active duty.

12.  The applicant provided a VA Form 21-4138, dated 14 April 2014, wherein she stated she incurred a heat stroke while performing her basic training duties on or about 31 May 1979 which was misdiagnosed by the treating physician at the base hospital.  Her medical records reflect that she had acute gastroenteritis which is incorrect.  The treating physician was given the incorrect information about her condition.  Since being honorably discharged, she has been having chest pains and dizziness whenever the temperature reaches 80 degrees.  Her recent treating physician stated that Gatorade is not given to patients who have acute gastroenteritis; it is given to patients who have had a heat stroke.  On or about 31 May 1979, she was given Gatorade for her condition.

13.  The medical definition of heat stroke is a core body temperature greater than 105 degrees Fahrenheit with complications involving the central nervous system that occur after exposure to high temperatures.  Heat stroke is the most serious form of heat injury and is considered a medical emergency.  Heat stroke can kill or cause damage to the brain and other internal organs.  Although heat stroke mainly affects people over age 50, it also takes a toll on healthy young athletes.  Heat stroke often occurs as a progression from milder heat-related illnesses such as heat cramps, heat syncope (fainting), and heat exhaustion.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-33, in effect at the time, governed the TDP.  This program provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or had failed to respond to formal counseling.  The regulation essentially required that the service member must have voluntarily enlisted; must have been in basic, advanced individual, on-the-job, or service school training prior to award of a military occupational specialty and must not have completed more than 179 days of active duty on the current enlistment by the date of separation.  The regulation provided that Soldiers may be separated when they demonstrated they were not qualified for retention due to failure to adapt socially or emotionally to military life; could not meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or demonstrated character and behavior characteristics not compatible with satisfactory continued service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of her DA Form 3647-1, dated 31 May 1979, to show she incurred a heat stroke instead of acute gastroenteritis was carefully considered.

2.  The evidence of record is void of and she failed to provide evidence showing she incurred a heat stroke.  Her medical records show she consistently had an inability to acclimatize to her location.  Further, she stated she was unable to adjust to a military environment in her request for discharge.

3.  In view of the above, there is an insufficient evidentiary basis to grant 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)                                         AR20140007195



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ABCMR Record of Proceedings (cont)                                         AR20140007195



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