IN THE CASE OF:
BOARD DATE: 4 January 2011
DOCKET NUMBER: AR20100015012
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, correction of his record to show he was retired by reason of physical disability.
2. The applicant states:
* He was diagnosed with sleep apnea and depressive disorder while he was on active duty
* Based on his condition, he would have gone before a medical board and would have been retired
* While he was on active duty he received a continuous positive airway pressure (CPAP) machine
3. The applicant provides a copy of his Chronological Record of Medical Care.
CONSIDERATION OF EVIDENCE:
1. On 22 April 1994, the applicant enlisted in the Regular Army for 4 years. He completed training as an administrative specialist. He extended his enlistment for 6 months on 10 February 1997.
2. He was honorably released from active duty at the completion of his required service on 21 October 1998. He again enlisted in the Army for 4 years on 4 October 2000 and he remained on active duty through two reenlistments.
3. The applicants Chronological Record of Medical Care shows that on 5 December 2005 he was diagnosed with obstructive sleep apnea syndrome. CPAP therapy was initiated on 2 February 2006, using a medium size Nasal Aire I mask at 4 cm H2O pressure and gradually raised by 1-2 centimeter (cm) increments. At 10 cm pressure, the apnea hypopnea index (AHI) was 0 during 38 minutes of sleep. Snoring was not evident at a 10 cm valve setting. The attending physicians interpretation was that a pressure setting of 10 cm H2O provided significant reduction of respiratory events and was well tolerated. CPAP machine with warm humidity, mask, and accessories were delivered to the applicant on the day of the study.
4. A DA Form 1059 (Service School Academic Evaluation Report) shows that on 2 May 2009 the applicant successfully completed the Warrior Leader Course.
5. The applicant was honorably discharged on 20 October 2009, under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, at the expiration of his term of service. He had completed 13 years, 6 months, and 17 days of net active.
6. A review of the available records does not reveal that the applicant was placed on a physical profile due to an inability to perform the duties of his office, grade, rank, or rating.
7. Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.
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. It states the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting evidence have been considered. However, he has not shown that he was physically unfit to perform his duties while he was in the Army.
2. Although no noncommissioned officer evaluation report is available, a DA Form 1059 shows that just 5 months prior to his separation the applicant successfully completed the Warrior Leader Course. The evidence of record indicates that he continued to perform his duties through the date of his discharge on 20 October 2009. There is no evidence in his official record nor has he provided any evidence to the contrary.
3. Army Regulation 635-40 provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating. The applicant did not meet the criteria contained in
Army Regulation 635-40 to be processed for discharge through medical channels.
4. In view of the foregoing, the applicants request should be denied.
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) AR20090005994
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ABCMR Record of Proceedings (cont) AR20100015012
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