BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140010020 


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 his honorable discharge be changed to a medical disability discharge.

2.  The applicant states he had a heart condition before entering the Army.  The Army failed to show he had a pre-existing condition upon his entry into the Army through no fault of his own.  He advised the Army of the problem.  In effect, it was not recorded in his records.

3.  The applicant provides copies of the following:

* DD Form 214 (Report of Separation from Active Duty)
* excerpts of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, and Separation), chapter 4, dated 25 February 1975

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's military records contain Standard Form (SF) 93 (Report of Medical History) and SF 88 (Report of Medical Examination), dated 25 August 1974, which show he underwent an examination for purpose of enlistment.  The SF 93 indicated he had scarlet fever and tuberculosis.  The SF 88 indicated he had been diagnosed with pes planus (flat foot) and he was found qualified for enlistment.

3.  He enlisted in the Regular Army on 28 August 1975 for 3 years.  He completed basic combat training (BCT) and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 13B (field artillery crewman).  He served in Korea from 19 February 1975 through 6 December 1976.  

4.  His records also contain the following:

   a.  A SF 502 (Clinical Record – Narrative Summary), dated 18 November 1976, which stated he entered active duty on 28 August 1975, completed BCT without recycling and served in an Artillery unit in Korea for 9 months until he was referred to the Brooke Army Medical Center (BAMC) at Fort Sam Houston, TX, for an evaluation of a heart murmur, abnormal electrocardiogram, and episode of palpitations.  He was diagnosed with a ventricular pre-excitation with recurrent supraventricular tachyarrhythmia, symptomatic, unresponsive to medical therapy, without clinical or historical evidence of organic myocardial disease.  The examining doctor assessed that the applicant's heart murmur required no further follow-up, therapy, or limitation of activity.  He stated that the applicant had paroxysms of supraventricular tachycardia since 15 years of age, not adequately controlled by medication.  That condition existed prior to entry into the service and had not been aggravated by military service.  He was unfit for further military duty under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-21g.  His case should be referred to a Physical Evaluation Board (PEB) for disposition.

   b.  A SF 88, dated 15 December 1976, which shows he underwent an examination for the purpose of chronic illness – ventricular pre-excitation and was found to be medically disqualified.

   c.  A Medical Evaluation Board (MEB) Proceedings, dated 15 December 1976, which shows an MEB convened and considered his condition of ventricular pre-excitation, existing prior to service (EPTS).  The MEB found he was medically unfit and referred him to a PEB.  The applicant stated he did not desire to continue on active duty.  The MEB was approved on 3 January 1977.

   d.  An Appeal to MEB Proceedings, dated 3 January 1977, wherein he elected to appeal the MEB based on the following:

		(1)  Prior to entering into the service he worked as a bus boy in various cafeterias, packed groceries for stores, drove a truck, and operated a forklift without suffering chest pain, dizziness, or any type of exertion.  He considered those jobs as strenuous physical labor.

		(2)  He underwent his induction physical and passed that examination without any difficulty and was not advised by the doctor that he had a heart murmur.  He completed BCT and AIT without any medical problems and was not seen in a dispensary for chest pain, shortness of breath, or fatigue while completing those courses.

		(3)  He first noticed chest pain while stationed in Korea where they had a mandatory physical fitness program which required him to run 3 miles a day.  After a month of that strenuous physical fitness program he began to notice fatigue, chest pain, and dizziness.  He felt his condition was becoming worse as he had 3 very fast heart beats, experienced dizziness, and felt very weak while relaxing at home during the holidays.  He requested consideration of the service aggravation.

   e.  A DA Form 199 (PEB Proceedings) which shows:

		(1)  An informal PEB convened on 5 January 1977 and considered his medical condition of ventricular pre-excitation.  The PEB determined that the applicant had a disorder of heart rhythm which precluded continued, heavy exertion and, therefore, rendered him unfit.  The condition was present since age 15 and there was no evidence for service aggravation.  Any worsening of his condition was attributable to natural progression of the disease.  The PEB recommended his separation from military service without entitlement to disability benefits.  

		(2)  On 6 January 1977, he stated he did not concur with the findings and recommendations of the PEB and requested a formal hearing.

   f.  A DA Form 199, dated 3 February 1977, which shows after consideration of all testimony offered by counsel and the applicant and the medical evidence presented the PEB found that the applicant was physically unfit to perform the duties of his grade by reason of physical disability which was EPTS and which had not been permanently aggravated by service.  The PEB reaffirmed its original findings and recommended he be separated without entitlement to disability benefits therefrom.

   g.  A Proceedings of Formal PEB memorandum, dated 3 February 1977, which shows:

		(1)  The applicant was provided a copy of the proceedings and his reply was requested within 3 days.  

		(2)  On 3 February 1977, he stated that he did not agree with the recommendation and requested his counsel to submit a rebuttal letter.  

		(3)  On 9 February 1977, the applicant's counsel acknowledged the applicant's request and stated that he did not have any additional evidence to present to the board, but requested the board again review his argument submitted in the transcript.

   h.  A Separation for Physical Disability letter, dated 3 March 1977, wherein the Chief, Disability Section, Retirement Branch, U.S. Army Military Personnel Center, directed the applicant's separation.

   i.  Orders Number 44-14, issued by the BAMC on 4 March 1977, honorably discharging him effective 9 March 1977, under the provisions of Army Regulation 635-200, paragraph 4-19e(4), by reason of physical disability without severance pay.  He was credited with completing 1 year, 6 months, and 12 days of active service.  

5.  Army Regulation 635-40, in effect at the time, 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.  Paragraph 4-19e(4) of the regulation stated that based upon review and finding of the PEB final action would be taken to direct separation for physical disability without severance pay.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted in the Regular Army on 28 August 1975.  There is no mention of a heart condition on his SF 93.  He completed BCT and AIT for MOS 13B.  

2.  While serving in Korea he was referred to the BAMC for an evaluation of a heart murmur, abnormal electrocardiogram, and episode of palpitations.  He was diagnosed with a ventricular pre-excitation with recurrent supraventricular tachyarrhythmia, symptomatic, unresponsive to medical therapy, without clinical or historical evidence of organic myocardial disease.  The examining doctor stated that the applicant had the condition since 15 years of age and it was not adequately controlled by medication.  That condition existed prior to entry into the service and had not been aggravated by military service.  He referred the applicant to a PEB for disposition.

3.  He underwent an MEB and informal PEB and was found medically unfit.   The PEB determined that any worsening of his condition was attributable to natural progression of the disease.  He did not concur with the PEB's findings and recommendations and elected a formal hearing.  On 3 February 1977, a formal PEB reaffirmed its original findings and recommended he be separated without entitlement to disability benefits therefrom.  He was discharged accordingly on 9 March 1977.

4.  There is no evidence of record and he provided none showing his medical condition was aggravated by military service.  Unfortunately, the natural progression of a disease he had since 15 years of age disqualified him from further military service.  His records were clearly documented with the onset of his condition during his period of service and shows he received appropriate medical treatment and evaluations.  

5.  Without evidence to the contrary, his administrative separation was accomplished in compliance with applicable regulations with no procedural errors, which would tend to jeopardize his rights.  He was properly discharged in accordance with pertinent regulations with due process.  Therefore, he is not entitled to a medical disability 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)                                         AR20140010020





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ABCMR Record of Proceedings (cont)                                         AR20140010020



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