IN THE CASE OF:
BOARD DATE: 18 May 2010
DOCKET NUMBER: AR20090017379
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 her discharge by reason of disability with severance pay be changed to physical disability retirement.
2. The applicant states all of her health conditions were not considered when she was separated. In particular, she refers to her depression and anxiety.
3. The applicant provides no additional documentation in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior service in the Regular Army (RA) from 15 September 1999 through 15 May 2002. This service was honorably ended under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-8, by reason of parenthood. She reentered the RA on 2 March 2006 and served through 23 February 2007 when she was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of physical disability with severance pay.
2. The applicant's records contain a Medical Evaluation Board (MEBD) Narrative Summary (NARSUM), dated 1 December 2006. It shows she complained of chronic bilateral lower leg pain, with the right leg hurting more than the left leg. She was referred to the Army Physical Disability Evaluation System (PDES) by her physician.
3. The applicant underwent an MEBD on 3 November 2006. Examination revealed pain located along the lateral distal aspects of both lower legs. Paresthesia was present with symptoms increasing with prolonged standing, walking, or any impact activities. The symptoms decreased with medication, ice, elevation, and mild stretching. She was found unfit to perform her duties in military occupational specialty (MOS) 92F (Petroleum Supply Specialist). No other complaints were noted. The MEBD recommended she appear before an informal physical evaluation board (PEB).
4. A PEB was convened on 16 January 2007 at Fort Lewis, WA. The applicant was examined for bilateral lower leg pain and determined to be unfit with a disability rating of zero percent. The PEB recommended discharge with severance pay, if entitled. The applicant concurred and waived a formal PEB hearing. She was accordingly discharged on 23 February 2007.
5. In the processing of this case, on 18 March 2010, an advisory opinion was obtained from the U.S. Army Physical Disability Agency (USAPDA). The advisory official stated that the applicant's chief complaint was leg pain. She did note on her DD Form 2807-1 (Report of Medical History) that she was having trouble sleeping and she was mildly depressed due to her leg pain. The examining physician noted her depression was situational anxiety due to the MEBD process. However, her psychiatric condition was described as normal on her DD Form 2808 (Report of Medical Examination). The advisory official adds that medical retention standards found in Army Regulation 40-501 (Standards of Medical Fitness) provide that adjustment disorders due to situation stressors are ineligible for MEBD action. The applicant provided no evidence of error in the MEBD or PEB process. The advisory official recommended denial of the applicant's request.
6. On 22 March 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
7. Army Regulation 40-501 governs medical fitness standards for retention and separation, including retirement. It provides that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants medical retirement based on anxiety and depression.
2. The applicant has provided no evidence to support her request. Her service medical records indicate that she suffered from stress related to her leg pain and the MEBD process.
3. The governing regulation states that situational stress is not subject to the MEBD process.
4. The applicant complained of and was evaluated for bilateral lower leg pain. Her MEBD found leg pain to be her diagnosis and she was evaluated for leg pain during her PEB. Her "anxiety depression" was never an issue for review. She concurred with the PEB's decision and accepted discharge with severance pay.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, 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.
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) AR20090017379
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