IN THE CASE OF:	

		BOARD DATE:	  15 January 2009

		DOCKET NUMBER:  AR20080006634 


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, in effect, that the record be changed to show he was medically discharged as opposed to his being released from active duty.

2.  The applicant states, in effect, that he should have been medically discharged [in his self-authored addendum to his DD Form 149 (Application for Correction of Military Record) the applicant states he wishes to be medically retired] because he was not medically qualified to serve.  The applicant outlines his reasons in the addendum he prepared and attached to his DD Form 149.

3.  In support of his request, the applicant submits a total of 85 documents which appear to be the sum of his Army medical records and a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty.  Included among the 85 medical documents are DD Form 2807-1, Report of Medical History; DD Form 2808, Report of Medical Examination; DD Form 2216E, Hearing Conservation Data; Patient Laboratory Inquiry results; Radiologic Examination Reports; Post-appointment Instructions; DD Form 2795, Pre-Deployment Health Assessment; DD Form 2796, Post-deployment Health Assessment; Medical Operational Data System - Post Individual Shot Record; Vaccine Administration Record; Individual Training Record - Basic Combat Training; DD Form 2215E, Reference Audiogram; and a MEDCOM Form 695-R, Medical Record - Low Back Pain.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the US Army Reserve on 20 December 2002 in the Delayed Entry / Enlistment Program.  On 27 June 2003, he enlisted in the Regular Army.  He successfully completed basic combat training and advanced individual training and was awarded the MOS (military occupational specialty), 92G, Food Service Operations.

2.  The applicant was honorably released from active duty in the rank and pay grade of Sergeant, E-5, on 16 February 2007, under the provisions of Army Regulation 635-200, Chapter 4.  The applicant was released from active duty on completion of required active service.  Item 18 (Remarks) of the applicant's DD Form 214 shows he was retained in service for 236 days for the convenience of the Government per 10 US Code 12305.  On the date of his separation, the applicant had completed 3 years, 7 months, and 20 days active military service, with no time lost.

3.  The evidence shows that during the period of the applicant's service, he received medical treatment for what appear to have been "ordinary ailments" (i.e., flu-like symptoms, sore throat, cough, runny nose, occasional fever, conjunctivitis, lower back pain following physical overexertion, headaches, vomiting, and diarrhea, etc.).

4.  The evidence shows that the most prevalent ailment the applicant reported to medical treatment facilities were symptoms of conjunctivitis.  As reported by the applicant, he was provided eye drops and other medications to treat the symptoms.

5.  A DD Form 2808 (Report of Medical Examination) on file in the applicant's record which was prepared for the purposes of his enlistment is on file in the applicant's service personnel record.  The form shows he was initially disqualified from enlistment on 26 March 2003 because he had a fractured right fourth metacarpal.  The applicant was medically accepted for enlistment on 27 June 2003, after the fractured metacarpal was deemed to have been healed.

6.  Following his return from Iraq, the applicant completed a post-deployment health assessment on 22 June 2004.  He reported to have been on sick call three times during this deployment.  He spent no time (one or more nights) in a hospital or medical treatment facility.  To question 6, of the post deployment health assessment, "Do you have any of these symptoms now or did you develop them anytime during this deployment?" he answered "No" to all symptoms.  The applicant reported he had seen a coalition forces person wounded, killed or dead 

during his deployment.  He reported he had not been involved in direct combat where he had to discharge his weapon but he felt he was in great danger of being killed.  At the time the assessment was completed, he was not receiving help for stress, emotional, alcohol, or family problems.  He reported not to have had any experience so frightening, horrible, or upsetting that he experienced nightmares, was constantly on guard, felt numb or detached from his other activities or surroundings or that he had emotional trauma [tried hard not to think about a particular situation or anything that might remind him of that situation].

7.  On 27 August 2004, the applicant was seen at his medical treatment facility in Germany for anticipation anxiety/erectile dysfunction.  He was referred to the family practice clinic for follow up.

8.  On 20 September 2005, applicant completed a DD Form 2795 (Pre-deployment Health Assessment).  The applicant reported his health in general was, "very good."  The applicant was deemed to be "deployable."

9.  On 20 December 2006, in conjunction with a separation physical examination DD Form 2807-1 (Report of Medical History), the applicant reported he was in "good health."  He reported to have experienced bronchitis, an eye disorder, and loss of vision in either eye.  The applicant further reported to have an allergy to gunpowder and that he had been treated for conjunctivitis five times, after having been exposed to gunpowder, during the period of his service.

10.  On 29 December 2006, the applicant was seen at his medical treatment facility in Germany for erectile dysfunction.  He reported he had similar problems in 2004 after deployment in Iraq.  At that time, after he was treated with drugs for about six weeks, the problem did not recur.

11.  On 8 January 2007, the applicant was seen and treated in the social work clinic for PTSD and for marital problems [as part of post-deployment examination].  The visit was a follow up on difficulties experienced since his deployment to Iraq.  In this visit, he discussed an incident of a mortar attack occurring which he witnessed from a guard tower while he was on guard duty and the feeling he had after the attack such as his loss of his happiness, innocence, contentment, peace of mind, ability to relax because of feelings of being on guard for possible danger, and the loss of his security about his son's future if he had to go to war again.  He described feeling more withdrawn and less open with others and some loss of emotional and physical intimacy with his wife.  He stated he still had uncomfortable reminders of the experience particularly when his sense of smell is triggered in a 


way that reminds him of the smell of the air on the day of the mortar attack.  After examination, the applicant was released without limitations.  The applicant stated he planned, and it was recommended, he follow up with the VA after separating from the Army.

12.  On 11 January 2007, the applicant was seen in the optometry clinic for treatment of his acute atopic conjunctivitis.  After examination it was recommended that if the problem were exacerbated, he should seek and see an allergy specialist.

13.  The applicant's separation medical examination was completed on 17 January 2007 and was signed by an appropriate medical officer.  A DD Form 2808 (Report of Medical Examination) was completed and the following notations/comments were made:  in item 77 (Summary of Defects and Diagnoses):  Conjunctivitis (chronic) and PTSD (Posttraumatic Stress Disorder)(being treated); and in item 78 (Recommendations - Further Specialist Examinations Indicated):  a notation was made for the applicant to follow up at the VA (Department of Veterans Affairs) hospital for the two diagnosed conditions.

14.  There is no evidence among all available medical records the applicant was referred to a medical or physical evaluation board for evaluation of his conjunctivitis or for PTSD.

15.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System 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 office, grade, rank, or rating.  It provides for medical evaluation boards, which 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 qualifications for retention based on the criteria in Army Regulation 40-501, Chapter 3.  If the Medical Evaluation Board (MEB) determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a Physical Evaluation Board (PEB).

16.  PEBs are established to evaluate all cases of physical disability equitability for the Soldier and the Army.  It is a fact finding board to investigate the nature, cause, degree of severity, and probable permanency of the disability of Soldiers who are referred to the board; to evaluate the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank or rating; to provide a full and fair hearing for the Soldier; and to make findings and recommendation to establish eligibility of a Soldier to be separated or retired because of physical disability.

17.  Title 10, United States Code, Chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his/her office, rank, grade, or rating because of a disability incurred while entitled to basic pay.

18.  Department of Defense Directive 1332.18, Part 7, Final Disposition, paragraph E, Disposition of Unfit Members, provides for the permanent disability retirement of members who have at least 20 years of active service or whose total disability rating is at least 30 percent (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record, the applicant must show, 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.  There is no evidence of record to show the applicant was ever medically unfit to perform his duties.  There is also no evidence the applicant's medically diagnosed conditions were considered by medical treatment personnel sufficiently severe to cause them to refer him to a medical evaluation board and in turn to a physical evaluation board.

3.  There is evidence the applicant was experiencing what appears to have been minor mental or emotional difficulties which he related to his assignment and service in Iraq and to marital problems.  There is no evidence these problems were considered sufficiently severe to hospitalize him or to refer to a medical evaluation of physical evaluation board; however, it was recommended that he follow up with the VA after his separation from the Army.

4.  In view of the foregoing, there is no basis for granting the applicant's request for a change of his release from active duty to a medical retirement 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)                                         AR20080006634





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ABCMR Record of Proceedings (cont)                                         AR20080006634



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