| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That the narrative reason for his separation be changed to disability.
APPLICANT STATES: That he collects Department of Veterans Affairs (VA) disability for the same medical conditions which resulted in his separation. He provides his VA rating decision as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 25 March 1999, for training in military occupational specialty 98XL (Electronic Warfare/Signal Intelligence Specialist/Linguist).
On 27 April 2000, a mental status evaluation diagnosed the applicant with adjustment disorder with mixed emotions, chronic, representing a severe response to stress.
On 19 June 2000, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, paragraph 5-18, Other Designated Physical or Mental Condition. He cited the applicant’s diagnosis of post traumatic stress disorder (PTSD) which interfered with the performance of his military duties. The applicant acknowledged that he was being separated under the provisions of Army Regulation 635-200, paragraph 5-18.
On 23 June 2000, the battalion–level commander recommended approval of the proposed separation. The approval is not available.
On 21 July 2000, the applicant was discharged, with an honorable characterization of service, in pay grade E-3, under the provisions of Army Regulation 635-200, paragraph 5-18, Physical Condition, Not a Disability. He had completed 1 year, 3 months, and 27 days of creditable active service.
On 24 March 2001, the VA awarded the applicant disability compensation for residuals, status post right knee trauma (10 percent) and major depression with anxiety features (claimed as adjustment disorder/PTSD) (30 percent).
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-18 sets the policy and prescribes procedures for separating members on the basis of other physical or mental conditions not amounting to a disability that potentially interfere with assignment to or performance of duty. Such conditions may include, but are not limited to, chronic airsickness or seasickness, sleepwalking, claustrophobia, and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the soldier’s ability to effectively perform military duties is significantly impaired.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. Medical evaluation boards 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 qualification for retention based on the criteria in Army Regulation 40-501.
Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation. Chapter 3 gives the various medical conditions and physical defects which may render a soldier unfit for retention in the military. Paragraph 3-36 states that transient, situational maladjustments due to acute or special stress do not render an individual unfit because of physical disability but may be the basis for administrative separation if recurrent and causing interference with military duty.
The Diagnostic and Statistical Manual of Mental Disorders, 4th edition (DSM-IV) states that Adjustment Disorder, PTSD, and Acute Stress Disorder all require the presence of a psychosocial stressor. The differences are that PTSD and Acute Stress Disorder are characterized by the presence of an extreme stressor; Adjustment Disorder can be triggered by a stressor of any severity.
Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical
condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. Despite the applicant’s commander stating on the recommendation for separation that the applicant had PTSD, the 27 April 2000 mental status evaluation diagnosed the applicant with adjustment disorder with mixed emotions, chronic, representing a severe response to stress. In accordance with Army Regulation 40-501, such a condition does not render an individual unfit because of physical disability but may be the basis for administrative separation.
Therefore, the narrative reason for separation was and still is appropriate.
3. The rating action by the VA does not necessarily demonstrate an error or injustice on the part of the Army. The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit. Consequently, due to the two concepts involved, an individual’s medical condition may not be considered to be a physical disability by the Army and yet be rated by the VA as a disability.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__jlp___ __mhm___ __rks___ DENY APPLICATION
| CASE ID | AR2001060429 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011120 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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