IN THE CASE OF:
BOARD DATE: 26 July 2011
DOCKET NUMBER: AR20110000087
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 the reason for her discharge from the Army National Guard (ARNG) be changed to medical.
2. The applicant states the evidence proves she would not have been able to reenlist or advance in the military due to her disability. She states that prior to being released from the ARNG she was in the medical board process, but her expiration of term of service was coming up. She was asked to extend her enlistment for 6 months. She was under the impression she was agreeing to do so to complete medical processing to be discharged as an injured Soldier, not because she did not want to continue to serve. She states she is now living with disabilities from her military service that have cost her job opportunities and that are having a negative impact on her personal life. She believes her disabilities support consideration by a medical board.
3. The applicant provides medical record documents and Department of Veterans Affairs (VA) rating decisions in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows she served in the U.S. Army Reserve from 23 July 1985 through 22 July 1995 and accrued 1 year of qualifying service for Nonregular Reserve retirement.
2. On 28 October 2001, the applicant enlisted in the ARNG.
3. A DA Form 3349 (Physical Profile), dated 21 December 2007, shows the applicant was assigned a physical profile rating of "3" in the upper extremities and "3" in the lower extremities and was referred to the Physical Disability Evaluation System (PDES) which would have initiated evaluation by a medical evaluation board (MEB).
4. The record shows that while in the MEB process the applicant was offered and voluntarily declined to extend her enlistment to complete PDES processing.
5. On 27 April 2009, the applicant was honorably discharged from the ARNG and as a Reserve of the Army in the rank of specialist/E-4. The record shows she completed a total of 4 years of qualifying service for retirement at the time of her discharge.
6. On 4 May 2006, the VA granted the applicant service connection and the disability ratings indicated for the following service-connected medical conditions:
* anxiety disorder - 10 percent
* residuals of L5-S1 herniated nucleus pulpous - 30 percent
* status post-bunionectomy of left first metatarophalangeal joint with heel spur and plantar fasciitis - 10 percent
* status post-bunionectomy of right first metatarophalangeal joint with heel spur and plantar fasciitis - 10 percent
* tinnitus - 10 percent
* scar on left foot post-bunionectomy - 10 percent
* residuals of carpal tunnel syndrome of right upper extremity - 10 percent
* S1 radiculopathy of left lower extremity claimed as right hip condition - 10 percent
* residual of carpal tunnel syndrome of left upper extremity - 10 percent
* hearing loss in right ear - 0 percent
* scar on right foot status post-bunionectomy - 0 percent
7. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES 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. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.
8. Army Regulation 635-40 states a Soldier whose normal scheduled date of nondisability retirement or separation occurs during the course of hospitalization
or disability evaluation may, with his or her consent, be retained in the service until he or she has attained maximum hospital benefits and completion of disability evaluation if otherwise eligible for referral into the disability system.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for a medical discharge and consideration by a medical board has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record shows that while in the MEB process the applicant was offered the opportunity to extend her enlistment to complete PDES processing. She voluntarily declined to do so. Her separation processing was then accomplished in accordance with the applicable regulation. Further, the evidence fails to show that any formal determination by medical authorities that the applicant's medical conditions rendered her unfit for further service was ever made prior to her discharge. Additionally, it is unlikely a medical board could arrive at fair and impartial fitness determinations at this late date.
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 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) AR20110000087
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ABCMR Record of Proceedings (cont) AR20110000087
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