IN THE CASE OF:
BOARD DATE: 7 February 2012
DOCKET NUMBER: AR20110013527
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, a medical retirement.
2. The applicant states:
a. upon her retirement she was never evaluated for Post Traumatic Stress Disorder (PTSD) for her combat service in Iraq during the period February 2003 to August 2003.
b. she was never given the opportunity from her unit to seek any type of help after returning from war and because of this she received an unfair rating from the Department of Veterans Affairs (DVA) for PTSD.
c. the records are in error because the medical personnel dismissed this problem and never took the time to evaluate her.
d. she has serious issues (trouble sleeping, rage, irritability, and anger) stemming from her time in Iraq. She is also on medication.
e. she is prevented from receiving the proper care because the Army failed to get her the evaluation she needed. She was diagnosed with PTSD in March 2009 by the DVA. This has also stopped her from receiving the proper compensation from the Human Resources command for combat pay.
3. The applicant provides:
* A self-authored letter, dated 5 August 2011
* A DVA Medical Record Progress Notes, dated 16 April 2009
* Letters, dated 3 February 2010, 28 January 2011, and 13 July 2011, from the Combat-Related Special Compensation (CRSC) Branch, U.S. Army Human Resources Command (USAHRC)
* Her DD Form 214 (Certificate of Release of Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 5 December 1988. She completed her training and she was awarded military occupational specialty (MOS) 92F (petroleum supply specialist) and later MOS 92Y (unit supply specialist). She served in Iraq from 17 February to 12 August 2003. She remained on active duty through continuous reenlistments until she retired on
31 January 2009 for sufficient service for retirement in the rank/grade of staff sergeant (SSG)/E-6.
2. Her final DD Form 2166-8 (NCO (Noncommissioned Officer) Evaluation Report (NCOER)) covering the period 1 July 2006 through 1 February 2007 shows she was rated:
* "Success (Meets standards)" in physical fitness and military bearing by her rater with a bullet comment "confident and mentally tough NCO"
* "Fully Capable" by her rater for overall potential for promotion and/or service in positions of greater responsibility
* "Successful (1) by her senior rater for overall performance
* "Superior (1)" by her senior rater fro overall potential for promotion and/or service in positions of greater responsibility
3. There is no evidence of record which shows she was diagnosed with PTSD or any mental or medical condition prior to her retirement from active duty on
31 January 2009.
4. She provided a DVA medical record, dated 16 April 2009, that shows she was diagnosed with PTSD, among other conditions. She also provided documentation from the CRSC Branch that indicates she was granted service-connection by the DVA for PTSD at 10%.
5. Records show her requests for CRSC were denied on 2 December 2010,
28 January 2011, and 13 July 2011. The CRSC Branch was unable to verify her disability (PTSD) as combat-related.
6. 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 office, rank, grade or rating because of disability incurred while entitled to basic pay.
7. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states that the mere presence of impairment does not, 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, or rank. It states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. When a Soldier is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement indicates that a Soldier is fit.
8. 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/employability of the individual concerned.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she was never evaluated for PTSD prior to her retirement. However, there is no evidence of record and she provided no evidence that shows she complained of or was diagnosed with PTSD prior to her retirement.
2. It is acknowledged she was diagnosed with PTSD by the DVA in April 2009 and the DVA has granted her a 10% disability rating for PTSD. However, the rating action by the DVA does not necessarily demonstrate an error or injustice on the part of the Army. The DVA, operating under its own policies and regulations, assigns disability ratings as it sees fit.
3. There is no evidence to show she could not perform her duties while on active duty. Her final NCOER indicates she was a "confident and mentally tough NCO" and her overall performance was rated "Successful" by her senior rater. Therefore, there is insufficient evidence to show a medical retirement was warranted.
4. In view of the foregoing, there is an insufficient evidentiary 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) AR20110013527
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