IN THE CASE OF:	  

		BOARD DATE:	  17 May 2011

		DOCKET NUMBER:  AR20100027333 


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 a change of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged with a narrative reason for separation of a medical condition.

2.  The applicant states he would like the narrative reason for his separation changed from “condition, not a disability” to “medical condition.”  He claims after his discharge he received a 20 percent (%) disability rating percentage from the Department of Veterans Affairs (VA) regional office in Waco, TX.

3.  The applicant provides his VA rating decision, dated 14 June 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 14 September 2007.  Upon completion of basic training he was assigned to Redstone Arsenal (RSA), AL to attend advanced individual training.  

2.  The record shows while in training at RSA, the applicant underwent an evaluation at Behavior Medicine on 26 and 27 November and 11 December 2007.  The applicant presented with a Post Traumatic Stress Disorder (PTSD) that existed prior to military service.  The PTSD was the result of a traumatic childhood. 


3.  The Behavior Medical evaluating physician indicated the military environment exacerbated the disorder and the applicant was then chronically anxious and his anxiety had worsened since arriving at RSA.  The applicant reported no suicidal or homicidal ideations.  The examiner indicated the mental health treatment the applicant was receiving was adequate to make necessary changes, but the applicant was not interested in treatment; therefore, he recommended the applicant’s separation.

4.  On 14 December 2007, the applicant underwent a separation medical examination.  The DD Form 2808 (Report of Medical Examination) prepared to document this examination notes the applicant suffered from right shoulder pain, low back pain, anxiety, and depression.  It also shows the examining physician assigned an 111111 physical profile and determined the applicant was fully qualified for retention/separation.  There is no indication the condition for which the applicant was being separated or the other conditions he suffered from were unfitting or supported his separation processing through medical channels.  

5.  On 9 January 2008, the unit commander notified the applicant he was initiating action to separate him under the provisions of Army Regulation
635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5, paragraph 5-17, due to other designated physical or mental conditions, specifically for being diagnosed with a PTSD that existed prior to service.

6.  On 14 January 2008, the applicant consulted with legal counsel and after being advised of the basis for his contemplated separation and its effects, the rights available to him and the effect of a waiver of his rights, the applicant completed a statement of understanding and elected not to submit a statement in his own behalf.  

7.  On 18 January 2008, the separation authority approved the applicant’s separation under the provisions of Army Regulation 635-200, paragraph 5-17, due to other designated physical or mental conditions and directed the applicant receive an honorable discharge.  On 1 February 2008, the applicant was discharged accordingly.

8.  The DD Form 214 issued to the applicant on 1 February 2008 shows he held the rank/grade of private/E-1 and he had completed 4 months and 13 days of active military service.


9.  The applicant provides a VA rating decision that shows he applied for VA disability benefits based on PTSD, chronic lumbar strain, and a right shoulder condition.  The VA granted service-connection for chronic lumbar strain and assigned a 20% disability rating, effective 14 June 2010.  It also denied service-connection for PTSD and a right shoulder condition because these conditions existed prior to service.

10.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  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.  Separation by reason of disability requires processing through the PDES.

11.  Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, 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.  The VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  However, these changes do not call into question the application of the fitness standards and the disability ratings assigned by proper military medical authorities during the applicant’s processing through the Army PDES.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his discharge should be changed to medical has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  By regulation, the mere presence of impairment does not, in and 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.

3.  The evidence of record shows the applicant's separation processing under the provisions of Army Regulation 635-200, chapter 5, was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  It further confirms that the applicant was only discharged after he underwent comprehensive medical evaluation and examination and it was determined the PTSD condition that resulted in his discharge was a 
pre-existing condition.  

4.  The medical evidence of record and independent VA medical evidence provided by the applicant show that while he suffered from a service-connected chronic lumbar strain, for which the VA granted service-connection and a 
20% disability rating, this condition was not unfitting at the time of his discharge.  The medical evidence fails to show this condition or any other condition or illness he suffered from at the time of his discharge was sufficiently disabling to disqualify him from further service or to support his separation processing through medical channels.

5.  The applicant is advised that the VA, 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.  The VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  However, these changes do not call into question the application of the fitness standards applied by military medical authorities at the time of his discharge.  As a result, the VA is the appropriate agency to provide him medical treatment and disability compensation for service-connected medical conditions that were not found permanently disabling at the time of his discharge.

6.  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.

7.  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)                                         AR20100027333



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ABCMR Record of Proceedings (cont)                                         AR20100027333



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