IN THE CASE OF:	  

	BOARD DATE:	  2 December 2008

	DOCKET NUMBER:  AR20080013414 


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 correction of his military records to show that he was retired due to physical disability.

2.  The applicant states that the Physical Evaluation Board (PEB) incorrectly rated his disability at 10 percent.

3.  The applicant provides copies of his Certificate of Release or Discharge from Active Duty (DD Form 214); PEB Proceedings (DA Form 199); letter from the Department of Veterans Affairs (VA), dated 1 March 2006; and his separation orders dated 16 September 2005.

CONSIDERATION OF EVIDENCE:

1.  On 22 January 1996, the applicant entered active duty as a second lieutenant, pay grade O-2, United States Army Reserve.  His basic branch was military intelligence.  

2.  On 1 February 2000, the applicant was promoted to captain, pay grade O-3.

3.  On 22 August 2005, a PEB convened to consider the applicant’s medical condition.  The PEB found that the applicant suffered from right shoulder and arm pain due to a gunshot wound received while deployed to Iraq.  The PEB also found that the applicant suffered from post traumatic stress disorder (PTSD) and required psychotropic medication and outpatient treatment.  The PEB rated each disability at 10 percent disabling, with a combined rating of 20 percent.
4.  On 25 October 2005, the applicant was separated from active duty due to physical disability.  He had completed 9 years, 9 months, and 4 days of creditable active duty service.  The remarks block of his DD Form 214 indicates that he was authorized to receive severance pay in the amount of $91,734.00.

5.  The VA, in a letter dated 1 March 2006, rated the applicant at 50 percent for PTSD; 30 percent for residuals of a gunshot wound to his right humerus (upper arm bone); 20 percent for residuals of a right humerus fracture; and 1 percent for recurrent sinusitis.   

6.  In the processing of this case, an advisory opinion was obtained from the United States Army Physical Disability Agency (USAPDA), Washington DC.  It stated that on 12 August 2005, the applicant’s Medical Evaluation Board (MEB) diagnosed him with PTSD and right shoulder pain.  The narrative summary revealed that he had been shot in the right arm while in Iraq.  The wounds healed and a physical examination revealed marked subacromial crepitance (crackling sounds in the shoulder joint) with mild atrophy of the anterior deltoid (triangular shoulder muscle)  He had full range of motion with pain on movement.  On 
25 August 2005, an informal PEB found the applicant unfit for duty due to PTSD and right shoulder/arm pain and rated him at 10 percent each.  The PEB recommended separation with severance pay at 20 percent.  On 24 August 2005, the applicant concurred with the PEB's findings.

7.  The advisory opinion further stated that the PEB findings are not correct.  It states that the proper findings should have been as follows:

	a.  through and through gunshot wound to the right shoulder and arm with healed proximal humerus rated as moderate, 20 percent;

	b.  PTSD which causes occupational and social impairment with occasional decrease in work efficiency and intermittent periods of ability to perform occupational tasks, 30 percent;

	c.  overall disability rating of 40 percent.

8.  The advisory opinion recommended that the applicant be placed on the temporary disability retired list (TDRL) with reexamination in 18 months.  At reexamination additional attention must be addressed to specific muscle injuries in the right shoulder and arm and a determination made as to whether the healed fracture with moderate varus angulation (turned inward) is considered a healed malunion (faulty position).  It also recommended that the applicant’s DA Form 199, dated 22 August 2005, be changed to reflect the findings as noted in the advisory opinion and that he undergo a TDRL re-evaluation as soon as possible to ascertain his present medical status.

9.  On 30 October 2008, the applicant concurred with the advisory opinion.

10.  Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has an impairment rated at least 30 percent disabling.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant was improperly rated by the PEB resulting in his separation with severance pay.  

2.  Accordingly, his records should be corrected to void his separation and to place him on the TDRL, effective 25 October 2005, due to an overall physical disability rated at 40 percent disabling (20 percent for shoulder and 30 percent for PTSD).

3.  The applicant’s pay account should be audited to insure that it is properly adjusted to reflect this correction.

4.  Furthermore, the applicant’s DA Form 199 should be corrected to reflect his overall 40 percent disability and he should be given a TDRL medical re-evaluation as soon as possible.

BOARD VOTE:

___X____  ____X__  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  voiding his separation from active duty on 25 October 2005 due to physical disability;

	b.  placing him on the TDRL due to physical disability effective 26 October 2005;

	c.  auditing his pay records to insure his pay account is properly adjusted to reflect this correction;

	d.  correcting his DA Form 199 to show his physical disability rating as 
20 percent for his shoulder, 30 percent for his PTSD, and an overall physical disability rating of 40 percent; and

	e.  directing that he receive a TDRL medical re-evaluation as soon as possible.



	___________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)                                         AR20070015723



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ABCMR Record of Proceedings (cont)                                         AR20080013414



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