IN THE CASE OF:	  

		BOARD DATE:	    12 January 2010

		DOCKET NUMBER:  AR20090009899 


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 her honorable discharge from the U.S. Army Reserve (USAR) for being medically unfit for retention be changed to a medical discharge. 

2.  The applicant states that her discharge is honorable and it was due to Post Traumatic Stress Disorder (PTSD) but the Department of Defense states that her discharge due to PTSD was non-duty related, which is wrong.  She points out that her DA Form 3349 (Physical Profile) found that she was medically unfit for retention due to PTSD.  She contends that her PTSD is a direct result of her deployment to Iraq (2003-2004), that she has undergone therapy with the Department of Veterans Affairs (DVA) to help deal with her issues, and that she wants the record to state that her PTSD is a duty-related injury.    

3.  On 1 December 2009, via email, the applicant requested that her records be corrected to show she was discharged for medical reasons and she wanted to be assessed and given a medical rating.

4.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty); memoranda, dated 6 September 2007, 11 September 2007, and 13 September 2007; a DA Form 3349, dated 6 September 2007; USAR discharge orders; and a DVA progress note, dated 7 August 2008 in support of her application.



CONSIDERATION OF EVIDENCE:

1.  On 9 April 2002, the applicant enlisted in the USAR for a period of 8 years.  She was ordered to active duty on 10 February 2003 in support of Operation Enduring Freedom.  She served as a motor transport operator in Kuwait and Iraq from 22 April 2003 to 1 August 2004.  On 9 September 2004, she was released from active duty and transferred to the USAR to complete her remaining service obligation.      

2.  The applicant’s medical records are not available.  A DA Form 3349, dated    6 September 2007, shows the applicant was issued a permanent profile for PTSD with a physical profile of 111113.  The preparing official indicated that a Medical Evaluation Board/Physical Evaluation Board (PEB) was needed in item 4c (If a permanent profile with a 3 or 4 PULHES, does the Soldier meet retention standards in accordance with chapter 3, Army Regulation 40-501? (If USAR/ARNG/ARNGUS Soldier not on active duty see paragraph 9-10 & 10-26, Army Regulation 40-501 if Soldier does not meet retention standards)). 

3.  A memorandum, dated 6 September 2007, from the Command Surgeon, Headquarters, 70th Regional Readiness Command, Seattle, Washington, states the applicant was found not fit for retention.  The memorandum also states "With additional documentation from the soldier's physician clarifying the extent of disease, the question of medical fitness may be resolved.  If civilian documentation clears the soldier, the profile maybe able to be upgrade and the soldier will be given a new profile."  

4.  On 11 September 2007, the applicant was notified that she was medically disqualified (non-duty related) for continued service in the USAR and she was offered options relating to a non-duty related condition.  She was afforded the following options:  (1) request reassignment to the Retired Reserve; (2) if she had at least 15 but less than 20 qualifying years of service for retired pay purposes, request reassignment to the Retired Reserve with early qualification of eligibility to receive retired pay at age 60; (3) request an honorable discharge from the USAR; or (4) request an informal PEB to review her non-duty related injury and medical records for a final determination of medical fitness for retention but not a determination of eligibility for disability benefits if she believes that she can perform her military duties despite her medical conditions. 

5.  On 13 September 2007, the applicant requested an honorable discharge from the USAR based upon the non-duty related medical disqualification.  

6.  On 21 September 2007, the applicant was honorably discharged from the USAR under the provisions of Army Regulation 135-178.
7.  The applicant provided a DVA Progress Note, dated 7 August 2008, which shows she was diagnosed with PTSD.

8.  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.  Under the laws governing the Army Physical Disability Evaluation system, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits.  One of the criteria is that the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or the proximate cause was while performing active duty or inactive duty training.

9.  Army Regulation 635-40 states, in pertinent part, that when a commander or other proper authority believes that a Soldier not on extended active duty is unable to perform the duties of his or her grade or rank because of physical disability, the commander will refer the Soldier for medical evaluation according to Army Regulation 40-501.

10.  Army Regulation 40-501 governs medical fitness standards for enlistment, retention, and separation.  Paragraph 9-12 states that Reserve Component Soldiers with non-duty related medical conditions who are pending separation for failing to meet the medical retention standards are eligible to request referral to a PEB for a determination of fitness.  The process was designed to give the Soldier with a non-duty related impairment the option of requesting a PEB solely for the purpose of fitness determination but not a determination of eligibility for disability benefits.

11.  Title 10, U. S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of active service and a disability rated at less than 30 percent.  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.

12.  Paragraph 9-10 (Disposition of medically unfit Reservists) of Army Regulation 40-501 states that normally Reservists who do not meet the fitness standards set by chapter 3 will be transferred to the Retired Reserve per Army Regulation 140-10 or discharged from the USAR per Army Regulation 135-175 or Army Regulation 135-178.  They will be transferred to the Retired Reserve only if eligible and if they apply for it.

13.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in Kuwait and Iraq from 
22 April 2003 to 1 August 2004.  In September 2007, she was issued a permanent profile for PTSD.  Subsequently, she was found medically disqualified (non-duty related) for continued service in the USAR and she was offered options relating to a non-duty related condition.  She elected to be discharged from the USAR.  

2.  Without having the applicant’s medical records to review, regrettably there is insufficient evidence to show her PTSD was a result of her service in Kuwait/Iraq, there is insufficient evidence to show the applicant was eligible for physical disability processing, and there is insufficient evidence to show that she should have been medically discharged.

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)                                         AR20090009899





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ABCMR Record of Proceedings (cont)                                         AR20090009899



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