IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110023701
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 disability rating be increased to 30 percent (%) or higher and that he be medically retired.
2. The applicant states he was no longer able to serve effectively and could not pursue a commission despite being more than qualified with a master's degree. He further states he continues to have problems standing in place for more than 5 minutes and walking more than 1 mile aggravates his feet. He states he has never received treatment for the chronic plantar fasciitis the doctor's suggested; which included surgery he is now scheduled to receive from the Department of Veterans Affairs (VA).
3. The applicant provides a doctor's letter in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 29 March 2010, the applicant's condition was evaluated by a Physical Evaluation Board (PEB). The PEB determined the applicant was unfit for further service based on plantar fasciitis of the right foot (moderate) and plantar fasciitis of the left foot (moderate), both since 2004. The PEB assigned a disability rating of 10% for the right foot and 10% for the left foot and a combined disability rating of 20% under VASRD (Veterans Affairs Schedule for Rating Disabilities) code 5299/5284. The PEB recommended the applicant's separation, by reason of disability, with severance pay.
2. The applicant concurred with the findings and recommendations of the PEB on 2 April 2010, and waived a formal hearing.
3. On 7 July 2010, the applicant was honorably discharged by reason of disability with severance pay. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time shows he held the rank of sergeant and had completed 6 years, 9 months, and 20 days of active military service. It also shows he received $36,174.60 of severance pay.
4. The applicant provides a doctor's letter outlining the current treatment program he is under for his foot conditions.
5. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES).
Paragraph 3-5 of the disability regulation contains guidance on rating disabilities. It states, in pertinent part, that the percentage assigned to a medical defect or condition is the disability rating. A rating is not assigned until the PEB determines the Soldier is physically unfit for duty. Under the provisions of chapter 61 of Title 10 of the U. S. Code (10 USC) these ratings are assigned from the VASRD. VASRD Code 5299 (Condition of the Skeletal System) analogous to code 5284 (Foot Injuries) rating guidance states to assign a 30% rating will be assigned if the condition is severe, a 20% rating will be assigned if the condition is moderately severe, and a 10% rating will be assigned if the condition is moderate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant was properly processed through the PDES based on the diagnosed conditions of plantar fasciitis of the right foot (moderate) and plantar fasciitis of the left foot (moderate). The PEB determined these conditions were unfitting and assigned a 10% disability rating for each condition and a combined disability rating of 20% under VASRD code 5299 analogous to code 5284, which is compliant with VASRD rating guidelines for conditions of the skeletal system, foot conditions that are considered moderate.
2. The evidence of record confirms the applicant concurred with the findings and recommendations of the PEB which shows he believed he was properly evaluated through the PDES and he agreed with the final fitness determinations. This clearly shows he agreed with the disability ratings assigned at the time.
3. In this case, the applicant was properly evaluated through the PDES and was properly advised and counseled regarding his options throughout the process. All regulatory and legal requirements appear to have been met and the rights of the applicant were fully protected throughout the process.
4. The evidence of record and independent evidence submitted by the applicant fail to show any error or injustice related to the applicants processing through the Armys PDES. As a result, there is an insufficient evidentiary basis to support correcting or amending the determinations made by the PEB.
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) AR20110023701
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ABCMR Record of Proceedings (cont) AR20110023701
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