IN THE CASE OF:	  	

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110005627 


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 his honorable discharge be changed to a medical discharge.

2.  The applicant states he was given an involuntary separation.  The Tennessee Medical Board found him medically unfit for retention.  He feels this qualifies him for a medical discharge.

3.  The applicant provides:

* State Fitness for Duty Evaluation (FFDE) Findings, dated 8 August 2010
* DA Form 3349 (Physical Profile)
* letter from his personal physician, dated 17 June 2010

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the Tennessee Army National Guard (TNARNG) on 19 July 2005.  He previously completed 4 years, 2 months, and 25 days of active service in the Regular Army and was released from active duty on 16 November 1998.

2.  On 18 November 2009, he was ordered to active duty in support of Operation Iraqi Freedom effective 5 December 2009.

3.  On 15 March 2010, he was released from active duty not by reason of physical disability and returned to the TNARNG due to the completion of his required active service.

4.  On 7 August 2010, he was given a permanent physical profile of P3 for chronic bladder dysfunction, prostate enlargement, and hearing loss.

5.  On 8 August 2010, a TNARNG State FFDE found him not fit for duty due to interstitial cystitis, benign prostatic hyperplasia (BPH), and bladder neck contracture from a transurethral resection of the prostate and requested separation action.

6.  On 26 August 2010, he was discharged from the TNARNG by reason of being medically unfit for retention in accordance with paragraph 6-35 l(8) of National Guard Regulation 600-200 (Enlisted Personnel Management).

7.  In a letter, dated 17 June 2010, Dr. C____, MD, stated the applicant had urinary problems which consisted of interstitial cystitis, BPH, and bladder neck contracture from a transurethral resection of the prostate that had been performed.  She had been treating him for these conditions since March 2008.  She stated he could not tolerate carrying a fighting load of 48+ pounds, constructing a fighting position, conducting 3-5 second rushes carrying and firing assigned weapons, as well as physical fitness training.  She stated he required medication, including Elavil, which does cause sedation, which also would inhibit his ability to perform as a Soldier.

8.  On 11 October 2011, the National Guard Bureau provided an advisory opinion recommending disapproval of his request.  The applicant had been receiving treatment for BPH from a civilian doctor since March 2008.  He was not in an active status at the time of diagnosis.  He was found unfit for duty and honorably discharged on 26 August 2010.  He was not eligible for disability processing referral for a medical retirement because his medical conditions were not duty related.  A copy of this opinion was forwarded to the applicant; however, he did not provide any rebuttal or statements.

9.  National Guard Regulation 600-200 governs the policies and procedures for assigning, attaching, removing, and transferring enlisted Soldiers of the Army National Guard.  Chapter 8 provides for the discharge of Soldiers deemed medically unfit for retention per Army Regulation 40-501 (Standards of Medical Fitness) and National Guard Regulation 40-501 (Standards of Medical Fitness – Army National Guard).

10.  Army Regulation 40-501 governs medical fitness standards for enlistment, induction, appointment, retention, separation, and retirement.

	a.  Chapter 7 provides guidance for the classification of individual Soldiers according to functional abilities.  The physical profile serial system is based primarily upon the function of body systems and their relation to military duties. The functions of the various organs, systems, and integral parts of the body are considered.  Since the analysis of the individual's medical, physical, and mental status plays an important role in assignment and welfare, not only must the functional grading be executed with great care, but clear and accurate descriptions of medical, physical, and mental deviations from normal are essential.  In developing the system, the functions have been considered under six factors designated "P-U-L-H-E-S."  Four numerical designations are used to reflect different levels of functional capacity.  The basic purpose of the physical profile serial is to provide an index to overall functional capacity.  Therefore, the functional capacity of a particular organ or system of the body, rather than the defect per se, will be evaluated in determining the numerical designation 1, 2, 3, or 4.

	b.  National Guard Soldiers with non-duty related medical conditions who are pending separation for failing to meet the medical retention standards are eligible to request referral to a physical evaluation board (PEB) for a determination of fitness only.

11.  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 govern the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  Under the laws governing the Army PDES, Soldiers who sustain or aggravate physically unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement or severance pay benefits:

	a.  The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training.

	b.  The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence.

DISCUSSION AND CONCLUSIONS:

1.  When he was released from active duty on 16 November 1998 or 15 March 2010, there was no evidence of a physical or mental disability that would have required processing through the PDES.

2.  A Soldier with a non-duty related medical condition may request a PEB; however, the PEB would only determine fitness for duty.  That is, a Soldier requests such a PEB when he disagrees with the determination that he is not medically fit for retention.  There is no evidence he requested a PEB for a determination of fitness for duty.

3.  In order to be processed through the PDES a disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training.  There is no evidence the applicant's medical conditions were incurred while entitled to basic pay or were aggravated in the performance of active duty or inactive duty for training.  His permanent physical profile specifically prohibited performing any tasks which could have aggravated his medical conditions.

4.  In view of the above, he was properly processed for separation in accordance with Army and National Guard regulations and he is not entitled to a discharge with severance pay or a medical retirement.

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)                                         AR20110005627



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ABCMR Record of Proceedings (cont)                                         AR20110005627



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