IN THE CASE OF:
BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110000945
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, revocation of his release from active duty (REFRAD) orders and reinstatement on active duty for the purpose of undergoing a medical evaluation board (MEB).
2. The applicant states, in effect, he should have been afforded an MEB and medically retired due to Post-Traumatic Stress Disorder (PTSD) and other medical issues. He further states the Department of Veterans Affairs (VA) rated his PTSD as 30 percent disabling on the date of his discharge [release from active duty]. He concludes by stating that Army regulations state that an active duty diagnosis of PTSD should result in a service determination of 50 percent disability.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 13 August 2009, and his VA Rating Decision, dated 5 February 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 May 2006. He completed training and he was awarded military occupational specialty (MOS) 19D (Cavalry Scout). Following the completion of MOS training he was assigned to the 3rd Armored Cavalry Regiment, Fort Hood, TX.
2. His record shows he was deployed to Iraq during the period 5 November 2007 through 19 November 2008.
3. On 25 September 2009, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), by reason of completion of required active service. His DD Form 214 shows he completed 3 years, 4 months, and 3 days of net active service during this period of active duty. The highest rank/grade he attained while serving on active duty was specialist/E-4.
4. The applicant's medical records are not available for review and his Official Military Personnel File (OMPF) does not contain his separation physical.
5. His record contains no documentation, and he has provided no documentation, that substantiates his unfitness due to physical disability to reasonably perform the duties of his office, grade, or rank.
6. The applicant provides:
* an SF 600, dated 13 August 2009, which shows he was diagnosed by medical officials at Fort Hood with chronic PTSD
* his VA Rating Decision, dated 5 February 2010, which shows the VA determined his PTSD to be 30 percent disabling
7. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES and sets forth policies, responsibilities, and procedures that govern the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.
a. Paragraph 3-2 provides that for members being separated by reasons other than physical disability, his or her continued performance of assigned duty commensurate with his or her rank or grade until he or she is scheduled for separation or retirement creates a presumption that he or she is fit. This presumption can be overcome only by clear and convincing evidence that he or she is unable to perform his or her duties for a period of time or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, renders the member unfit.
b. Paragraph 4-9 provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to an MEB.
c. Paragraph 4-13 provides that those members who do not meet medical retention standards will be referred to a PEB for a determination of whether they are able to perform the duties of their grade and military specialty with the medically-disqualifying condition.
8. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent (%). Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30%.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been retired for medical illness incurred during active military service.
2. His medical records were not available for review. He provided documentation that shows he suffered from PTSD while on active duty; however, there is no evidence his PTSD was severe enough to render him unfit to reasonably perform the duties of his office, grade, or rank. Additionally, there is no evidence his previous commander, or medical officials determined he required referral to an MEB.
3. Lacking evidence to the contrary, it is determined that he was properly and equitably released from active duty in accordance with the regulations in effect at the time. Therefore, there is no basis to grant the 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 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) AR20090007788
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ABCMR Record of Proceedings (cont) AR20110000945
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