IN THE CASE OF:	   

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140016478 


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 he be granted a medical retirement.

2.  The applicant states – 

* he was injured on active duty
* he developed sarcoidosis of the lungs while on active duty 
* the Army did not advise him of his eligibility for full disability compensation

3.  The applicant provides copies of –

* a 21 August 20001 private statement with 15 pages of private medical records
* a computer disc (CD) containing copies of his service medical records and Department of Veterans Affairs (VA) medical records.

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 served on active duty in the Regular Army from 26 November 1965 through 24 September 1968 with service in Vietnam from 9 June 1966 through 10 November 1967.

3.  The available records show the applicant sustained a gunshot wound (GSW) to his left thigh on 16 January 1967, received treatment, and was returned to duty without complication.

4.  The applicant was honorably released from active duty under the early separation program to attend civilian police training or employment.  He had 2 years, 9 months, and 28 days of creditable service with no lost time.

5.  The service medical records show that on 20 September 1967, in concert with an application for flight school, the applicant had x-ray findings consistent with sarcoidosis or old pulmonary fibrosis.  A second x-ray, taken on 26 September 1967, confirmed the findings.  There are no available records of treatment for this condition while on active duty.

6.  WebMD describes sarcoidosis as:

A disease involving abnormal collections of inflammatory cells (granulomas) that can form as nodules in multiple organs.  The granulomas are most often located in the lungs or its associated lymph nodes, but any organ can be affected.  Sarcoidosis seems to be caused by an immune reaction to an infection or some other trigger (an antigen) that continues even after the initial infection or other antigen is cleared from the body.  In most cases it clears up by itself without any medical intervention, but some cases go on to affect the person long-term or become life-threatening and require medical intervention, most often with medications.  Most persons (>75%) require only symptomatic treatment with non-steroidal anti-inflammatory drugs (NSAIDs) like ibuprofen or aspirin.

7.  His 21 August 1968 separation examination recorded no complaints or findings of any abnormalities.

8.  A 19 September 1969 flight physical examination recorded no complaints or findings of any abnormalities.  The applicant's civilian job was shown as a police helicopter pilot.
9.  On 4 November 1978, the applicant completed a U.S. Army Reserve (USAR) enlistment medical examination that recorded no complaints or finding of any abnormalities.  He was found to be qualified for induction.

10.  The private medical records indicate treatment for pulmonary sarcoidosis commencing in January 1988 and terminating in 1999.

11.  The applicant applied for VA disability benefits on 11 May 2000 claiming service connection for –

* irritable bowel syndrome 
* hypertension
* elevated cholesterol 
* Agent Orange exposure
* post-traumatic stress disorder (PTSD) 
* pulmonary sarcoidosis with mild restrictive defect 
* residuals of a GSW to his thigh

12.  He was granted VA service connected disability ratings for three conditions with a denial of the other four conditions.  His disability award is as follows –

* PTSD -100 percent 
* pulmonary sarcoidosis - 30 percent 
* residuals of a GSW to the left thigh - 10 percent 

13.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides the following:

   a.  Disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform the duties assigned because of a physical disability incurred or aggravated in service.  
   
   b.  When a member is being separated by reason other than physical disability, their continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that they were unable to perform their duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.




DISCUSSION AND CONCLUSIONS:

1.  Subsequent to the initial diagnosis for sarcoidosis the applicant underwent at least three military medical examinations wherein he neither reported any problems nor were any disqualifying conditions found.

2.  While the applicant was diagnosed with sarcoidosis while on active duty, there were no indications that the condition had a negative impact on the performance of his assigned duties.  In fact, it appears that he was in a flight status while serving in the USAR subsequent to his release from active duty.

3.  The earliest available reported findings of health problems arising from his sarcoidosis are not until 1988, 20 years after his release from active duty.  

4.  The earliest recorded date of a diagnosis of PTSD is in 2000.  While the traumatic events that led to this condition may have been events occurring during his period of active duty, there is no available evidence that this condition exhibited itself until well after his release from active duty.

5.  The applicant sustained a GSW to his thigh on 16 January 1967.  However, the applicant has not provided and the record does not contain any evidence that the residuals of this wound resulted in a negative impact on his continuation of his duties while on active duty.

6.  The award of VA compensation does not mandate disability retirement or separation from the Army.  The VA, operating under its own policies and regulations, may make a determination that a medical condition warrants compensation.  The VA is not required to determine fitness for duty at the time of separation.  The Army must find a member physically unfit before they can be medically retired or separated.

7.  The applicant was treated for a GSW and diagnosed with sarcoidosis while he was on active duty.  However, at the time of his discharge he was performing his assigned duties in a satisfactory manner and he appears to have continued to perform his duties post-active duty in the USAR.  Therefore, his service is not shown to have been interrupted by any of his physical conditions.


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)                                         AR20140016478



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ABCMR Record of Proceedings (cont)                                         AR20140016478



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