BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100010905 


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 Post Traumatic Stress Disorder (PTSD) be added to her unfitting conditions.

2.  The applicant states: 

* At the time of her discharge she did not know PTSD should have been evaluated and given a percentage and put on record since she was evacuated from a combat zone for it
* At the time wounded Soldiers were not counseled by Judge Advocate General officers as to their rights
* the Department of Veterans Affairs (DVA) rated her for PTSD

3.  The applicant provides:

* extract of service medical records
* Orders 227-0376, dated 15 August 2005
* her DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 28 November 2005 for a period of 3 years.  Her DD Form 214 shows her military occupational specialty (MOS) was 14T (Patriot operator and maintainer).  She had deployed to Kuwait/Iraq on 22 October 2004.  

2.  The applicant provided service medical records which show she was evacuated from theater in July 2005 due to problems at home and at work.  She had suicidal ideations and homicidal ideations (against her commanding officer).  Her medical evacuation diagnosis was "1. adjustment d/o [disorder] w/o [without] mixed anxiety and depressed mood, 2. Personality d/o NOS [not otherwise stated]."  Her physical profile was S-3 [psychiatric - Mild chronic psychoneurosis, moderate transient psychoneurotic reaction] for panic disorder and adjustment disorder.

3.  The applicant also provided a clinic note that indicates she was undergoing a Medical Evaluation Board (MEB) for lumbar disc disease.  The master problem list of that note includes chronic PTSD.

4.  Orders 227-0376, issued by Headquarters, U.S. Army Armor Center, Fort Knox, KY, dated 15 August 2005, released the applicant from attachment from
M Company, U.S. Army Garrison, Fort Knox.  The purpose of the release from attachment indicates "Soldier has declined MRP (Medical Retention Program), Soldier declined to remain on active duty for medical care."

5.  The applicant's MEB, Physical Evaluation Board (PEB), or the U.S. Army Physical Disability Agency decision is not available for review.

6.  On 29 March 2007, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(3), for disability with severance pay.

7.  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.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  Paragraph 4-24b(3) states that based upon the final decision of the USAPDA or the Army Physical Disability Appeal Board, the U. S. Total Army Personnel Command (currently known as the U.S. Army Human Resources Command) will issue retirement orders or other disposition instructions for separation for physical disability with severance pay.  

8.  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
* S - psychiatric

9.  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.  

10.  Title 38, U.S. Code, sections 310 and 331, permits the DVA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The DVA, however, is not required by law to determine medical unfitness for further military service.  The DVA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she was evacuated from a combat zone with PTSD and that PTSD should be added to her unfitting conditions.  However, medical records provided by the applicant show she was evacuated from theater due to problems at home and at work with diagnoses of adjustment disorder and personality disorder.  She provides no evidence to show PTSD rendered her unfit to perform her military duties.

2.  The applicant's contention the DVA rated her for PTSD was noted.  However, a rating action by the DVA does not necessarily demonstrate an error or injustice on the part of the Army.  The DVA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  

3.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100010905



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ABCMR Record of Proceedings (cont)                                         AR20100010905



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