IN THE CASE OF:	 

		BOARD DATE:	  	18 December 2008

		DOCKET NUMBER:  AR20080015168 


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 that her honorable discharge be changed to a medical retirement.  She also requests that her narrative reason for discharge be changed from physical disability, severance pay to physical disability, permanent.  

2.  The applicant states, in effect, that she served more than 12 years in an active duty status and at least 2 of those years were spent as a senior noncommissioned officer.  She has been separated from the Army for a year or more.  

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), her DA Form 2-1 (Personnel Qualification Record), and her discharge orders from the Regular Army.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 28 July 1993.  At the completion of basic training and advanced individual training, she was awarded military occupational specialty (MOS) 92M (mortuary affairs specialist).  Her highest grade attained was sergeant first class, E-7.

2.  On 10 October 2006, the applicant was referred to a Medical Evaluation Board (MEB) and was diagnosed as having rheumatoid arthritis.  The MEB found her unfit for duty and recommended referral to a PEB. 

3.  On 31 October 2006, an informal PEB found the applicant unfit for military service due to rheumatoid arthritis under Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) code 5002 at a combined disability rating of 20 percent.  The Narrative Summary indicates the applicant's rheumatoid arthritis was first diagnosed in 1999 manifested initially by bilateral ankle and wrist pain which went into remission in 2003 with treatment but then reoccurred in 2005.  The Narrative Summary also indicates the applicant was unable to perform the duties of her MOS or of a Soldier.  She could not move 2 miles with a fighting combat load or construct an individual fighting position and could not run, jump or perform impact activities.  The PEB recommended that the applicant be separated with severance pay.  The applicant concurred with the recommendations and waived a formal hearing of her case.

4.  The applicant was honorably discharged on 24 January 2007 under the provisions of Army Regulation 635-40 by reason of physical disability with severance pay.  She completed 13 years, 5 months, and 27 days of total active military service.  

5.  Item 25 on the applicant’s DD Form 214 shows the entry “AR 635-40, PARA 4-24B(3).”  

6.  Item 26 (Separation Code) on the applicant's DD Form 214 shows the entry Separation Program Designator (SPD) code of “JFL” (Disability, Severance Pay).

7.  Item 28 (Narrative Reason for Separation) on the applicant's DD Form 214 shows the entry "Disability - Severance Pay."

8.  Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of this office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  

9.  The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) is the standard under which percentage rating decisions are to be made for disabled military personnel.  The VASRD is primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service.  Unlike the VA, the Army must first determine whether or not a Soldier is fit to reasonably perform the duties of his/her office, grade, rank or rating.  Once a Soldier is determined to be physically unfit for further military service, percentage ratings are applied to 
the unfitting conditions from the VASRD.  These percentages are applied based on the severity of the condition.
10.  VASRD Code 5002, Arthritis rheumatoid (atrophic), gives a percentage rating of 40 percent when there is symptom combinations productive of definite impairment of health objectively supported by examination findings or incapacitating exacerbations occurring 3 or more times a year.  A percentage rating of 20 percent is given when there is one or two exacerbations a year in a well-established diagnosis.  

11.  Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.  Section 1212 provides that a member separated under Section 1203 is entitled to disability severance pay.

12.  Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

DISCUSSION AND CONCLUSIONS:

1.  An informal PEB found the applicant unfit for military service for rheumatoid arthritis at a 20 percent combined disability rating.  As a result she was discharged from active duty under the provisions of Army Regulation 635-40, paragraph 4-24b(3) due to disability with entitlement to severance pay.

2.  There is insufficient evidence to show the applicant’s disability was improperly rated by the PEB or that her separation with severance pay was not in compliance with law and regulation.  

3.  Although the applicant contends that she should have been medically retired, she has provided no evidence which shows that her disability processing was in error or unjust or that her condition was improperly evaluated such as to warrant a rating higher than 20 percent.  Therefore, it has been determined that the applicant's discharge by reason of physical disability with entitlement to severance pay was proper and correct at the time and there is no basis to change her discharge to a medical retirement.









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.




      _______XXX _   _______   ___
               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)                                         AR20080015168



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ABCMR Record of Proceedings (cont)                                         AR20080015168



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