IN THE CASE OF:	  

		BOARD DATE:	   13 December 2011

		DOCKET NUMBER:  AR20110012985 


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 correction of his record to show he was medically separated.

2.  The applicant states he should have been medically discharged because of a traumatic brain injury (TBI).  He was on medical hold pending a physical evaluation board (PEB) when his contract expired and he was honorably discharged without a medical board.

3.  The applicant provides:

* DD Form 2697 (Report of Medical Assessment)
* two DD Forms 2808 (Report of Medical Examination)
* two DD Forms 2807-1 (Report of Medical History)
* Patient Lab Inquiry
* TBI Disposition Sheet
* memorandum to command
* 10 information papers on TBI
* DD Form 2216E (Hearing Conservation Data)
* DD Form 2215E (Reference Audiogram)
* DA Form 4700 (Medical Records – Supplemental Medical Data)
* seven DA Forms 3349 (Physical Profile)
* DA Form 689 (Individual Sick Slip)
* Standard Form 600 (Chronological Record of Medical Care)


* Department of Veterans Affairs (VA) Form 21-526 (Veteran's Application for Compensation and/or Pension)
* DA Form 5500 (Body Fat Content Worksheet)
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 9 April 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 July 2007 and held military occupational specialty 13F (Fire Support Specialist).

2.  His separation orders, dated 24 January 2011, state he was released from active duty by reason of completion of required service.

3.  His records contain an Enlisted Record Brief, dated 21 January 2011, which shows he had a physical profile evaluation (PULHES) rating of 111111.

4.  He provides an expiration term of service (ETS) physical, dated 14 February 2011.  The examining physician determined he was qualified for service and assigned him a PULHES rating of 111111.

5.  He provides seven DA Forms 3349 signed by a nurse practitioner.  Item 1 of these forms lists his medical condition as "TBI/headaches/dizziness."  However, there is no record of an official diagnosis or medical treatment for this condition in his records.

6.  There is no record that he was on medical hold or pending a PEB.

7.  He provides a copy of his VA Form 21-526 in which he claims TBI with headaches and dizziness in item 11of this form.

8.  A medical review of the records was conducted.  The medical review concluded that there is no information in his records to suggest he was unfit for military service at the time of his ETS.

9.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his/her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

10.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures.

	a.  Chapter 7 prescribes a system for classifying individuals 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.

		(1)  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.

		(2)  Four numerical designations are assigned for evaluating the individual's functional capacity in each of the six factors.  The numerical designator is not an automatic indicator of "deployability" or assignment restrictions, or referral to an MEB.  The conditions listed in chapter 3 and the Soldier's functional limitations, rather than the numerical designator of the profile, will be the determining factors for MEB processing.  An individual having a numerical designation of "1" under all factors is considered to possess a high level of medical fitness.  A physical profile designator of "2" under any or all factors indicates that an individual possesses some medical condition or physical defect that may require some activity limitations.  A profile containing one or more numerical designators of "3" signifies that the individual has one or more medical conditions or physical defects that may require significant limitations.  The individual should receive assignments commensurate with his or her physical capability for military duty.  A profile serial containing one or more numerical designators of "4" indicates that the individual has one or more medical conditions or physical defects of such severity that performance of military duty must be drastically limited.

	b.  Paragraph 3-3a provides that performance of duty despite impairment would be considered presumptive evidence of physical fitness.

	c.  Paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he/she must be unable to perform the duties of his/her office, grade, rank, or rating.

11.  Title 38, U.S. Code, sections 310 and 331, 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.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his discharge be changed from an ETS to a medical discharge was carefully considered; however, there is insufficient evidence to grant him the requested relief.

2.  He received a PULHES rating of 111111 on his ETS physical.  This rating indicated he did not have any medical restrictions and was fit for duty at the time of his discharge.

3.  There is no documentation in the record and the applicant has not provided evidence to show he was on medical hold and pending a PEB at the time of his ETS.

4.  The fact that he filed for VA compensation is not sufficient to show the Army considered him unfit for duty at the time of his ETS.  In addition, an award of a VA rating does not establish entitlement to medical separation.  The VA is not required to find unfitness for duty, it operates under its own policies and regulations.  The VA awards ratings because a medical condition is related to service, i.e., service connected.  However, the Army must find unfitness for duty at the time of separation before a member may be medically separated.

5.  His medical condition was not medically unfitting for retention in accordance with Army Regulation 40-501; therefore, there was no basis for medical separation.

6.  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 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)                                         AR20110012985



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ABCMR Record of Proceedings (cont)                                         AR20110012985



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