RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 September 2005
DOCKET NUMBER: AR20040009626
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley L. Powell | |Chairperson |
| |Mr. Robert L. Duecaster | |Member |
| |Ms. Jeanette R. McCants | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his recommended disability
percentage be increased from 20 percent to a higher percentage on his 7 May
2004 physical evaluation board (PEB).
2. The applicant states his asthma was only rated at 20 percent and he
received no rating for his wrist.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Board. This
case is being considered using the PEB proceedings and medical evaluation
board (MEB) proceedings.
2. The applicant was a member of the Army National Guard (ARNG) serving on
temporary active duty during the period 24 January 2003 to 10 June 2004.
3. The applicant suffered a fractured right wrist in 1996. Over time, the
injury caused intermittent pain and stiffness. Following mobilization in
February 2003, he fell on his wrist and experienced an increase in pain.
Evaluation revealed a "nonunion of an old navicular fracture with
surrounding arthritic changes." Surgical intervention was recommended, but
the applicant elected to deploy to Iraq with his unit. While deployed, he
suffered a left knee injury diagnosed as a "completely torn anterior
cruciate ligament, a thinned medial meniscus and a full thickness tear of
the posterior horn of the lateral meniscus."
4. Because of his right wrist and left knee problems, the applicant was
returned to the United States for evaluation and treatment. He underwent a
four-corner fusion of the right wrist in September 2003. Surgical
intervention was prescribed for his knee problem, but the applicant
declined. The Office of The Surgeon General determined this to be a
reasonable decision. Thereafter, subsequent to his wrist surgery, he
presented to medical staff for an increase in asthma symptoms; his asthma
was diagnosed as EPTS (existing prior to service).
5. On 1 April 2004, the applicant underwent an MEB for right wrist fusion,
internal derangement of the left knee, asthma, low back pain, a single
episode of nephrolithiasis (kidney stones), and headaches. The latter
three conditions were
noted to be medically acceptable. The MEB recommended that the applicant
undergo a PEB. The applicant concurred, indicating that he no longer
desired to remain in the military.
6. On 7 May 2004, the applicant underwent a PEB. The PEB did not consider
the back pain, kidney stones, or headaches as unfitting and these diagnoses
were not rated. However, the applicant was rated as 20 percent disabled
due to internal derangement of his left knee and zero percent for his right
wrist; his asthma was not rated. The PEB recommended that he be separated
with severance pay. The applicant concurred.
7. Title 10, United States Code, section 1201, provides for the physical
disability retirement of a member who has at least 20 years of active
service or a disability rated at least 30 percent.
8. Title 10, United States Code, section 1203, provides for the physical
disability separation of a member who has less than 20 years active service
and a disability rated at less than 30 percent.
9. Army Regulation (AR) 635-40 (Physical Evaluation for Retention,
Retirement, or Separation) establishes the Army Physical Disability
Evaluation System (PDES) 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. If a Soldier is found unfit because of physical
disability, this regulation provides for disposition of the Soldier
according to applicable laws and regulations.
10. AR 40-501 (Standards of Medical Fitness) governs medical fitness
standards for: enlistment; induction; appointment, including officer
procurement programs; retention; and separation, including retirement.
Once a determination of physical unfitness is made, the PEB rates all
disabilities using the Department of Veterans Affairs Schedule for Rating
Disabilities. Department of Defense Instruction 1332.39 and AR 635-40,
Appendix B, modify those provisions of the rating schedule inapplicable to
the military and clarify rating guidance for specific conditions. Rating
can range from 0 to 100 percent, rising in increments of 10 percent.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered on active duty with EPTS medical conditions
related to asthma and his right wrist; the right wrist was rated because it
was considered service aggravated since he fell on the wrist while on
active duty. While on active duty, he developed a medical condition
related to his left knee. He could not perform his duties and was referred
to the PDES.
2. The applicant underwent an MEB which recommended he be given a PEB. He
concurred in this recommendation and indicated he did not desire to
continue to serve in the Army.
3. The PEB found the applicant to be unfit for further military service
and assigned him a disability percentage of 20 percent for left knee
derangement. His right wrist condition was rated at 0 percent, and his
asthma was not rated since it was considered EPTS with no service
aggravation. The PEB recommended the applicant be separated with severance
pay, if authorized. The applicant concurred in the recommendation.
4. The applicant now believes he should have received a greater percentage
disability rating, but has provided no evidence to support this belief or
to refute the rating received by the PEB.
5. The applicant’s physical disability evaluation was conducted in
accordance with law and regulations; the applicant concurred with the
recommendation of the PEB that he be separated with severance pay. There
is no error or injustice in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__slp___ __rld___ __jrm___ 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.
Shirley L. Powell
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040009626 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050913 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |108.0200 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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