IN THE CASE OF:	  

		BOARD DATE:  23 February 2012

		DOCKET NUMBER:  AR20120002166 


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 diagnosis of post-traumatic stress disorder (PTSD) be restored and that he be medically retired with a disability rating of at least 30%.

2.  The applicant states his diagnosis of PTSD was unjustly downgraded to adjustment disorder instead of retiring him with a 30% or greater disability rating.

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 25 March 2003.  He deployed to Iraq from 15 November 2003 – 4 November 2004 and was awarded the Combat Infantryman Badge during that tour.  On 26 June 2006, he again deployed to Iraq.  He departed Iraq on 14 September 2007 for assignment to Fort Lewis, WA.

2.  On 21 April 2011, the applicant was diagnosed as having PTSD at Madigan Army Medical Center and was referred for processing under the Physical Disability Evaluation System (PDES).

3.  On 21 September 2011, a medical evaluation board (MEB) at Joint Base Lewis-McChord, Washington (JBL-M) evaluated the applicant for:

* Adjustment disorder with mixed emotional features 
* Gastroesophageal reflux disease
* Cervical strain
* Recurrent left thigh Herpes virus infection
* Right shoulder bicep tendonitis
* Tension headaches
* Bilateral feet pes planus
* Right ankle strain
* Recurrent tinnitus
* Lumbar strain

4.  The MEB found that the applicant’s conditions met Army retention standards and recommended that he be returned to duty.  The findings and recommendations of the board were approved on 22 September 2011 and the applicant agreed with the board’s findings and recommendations on 30 September 2011.  

5.  On 23 November 2011, the applicant was honorably discharged in the pay grade of E-4 due to completion of required service.  He had served 8 years, 7 months and 29 days of active service. 

6.  In October 2011, complaints were received at the Office of the Secretary of the Army that Soldiers were improperly having their diagnosis of PTSD changed after undergoing behavioral health diagnosis to adjustment disorder and being returned to duty.  The Office of the Surgeon General reviewed the cases and determined that the situation applied to 17 Soldiers of which the applicant is one.  A determination was made to re-evaluate the 17 Soldiers identified to determine if the proper course of action was taken.

7.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness is of such a degree that a Soldier is unable to perform the duties of his office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  It states commanders of medical treatment facilities (MTFs) who are treating Soldiers may initiate action to evaluate the Soldier’s physical ability to perform the duties of his or her office, grade, rank, or rating.  The commander will advise the Soldier’s commanding officer of the results of the evaluation and the proposed disposition.  If it appears the Soldier is not medically qualified to perform duty, the MTF commander will refer the Soldier to an MEB. 

8.  Army Regulation 635-40 states that MEBs are convened to document a Soldier’s medical status and duty limitations insofar as duty is affected by the Soldier’s status.  A decision is made as to the Soldier’s medical qualification for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.      

DISCUSSION AND CONCLUSIONS:

1.  While it cannot be determined if the applicant’s evaluation by the MEB which evaluated him for an adjustment disorder instead of PTSD was correct at the time the board convened, there is insufficient evidence present to grant the applicant a 30% disability rating and permanent disability retirement at this time.  

2.  However, in order to determine if any of the applicant’s conditions warrant a disability rating, the applicant should be afforded the opportunity to be properly evaluated by appropriate medical personnel and systems designed to determine the degree of disability a Soldier may have prior to separation.

3.  Accordingly, the Department of the Army Office of the Surgeon General should take appropriate action to issue the applicant invitational travel orders for the purpose of undergoing the appropriate medical processing and evaluations at an appropriate medical facility (other than JBL-M without applicant’s concurrence) that has the capability to properly evaluate the applicant’s medical condition.

4.  Once a determination has been made as to the appropriate disposition of the applicant’s medical condition under the PDES, the applicant will be separated in accordance with the applicable laws and regulations, with entitlement to all back pay and allowances and/or retired pay due him, if any.

5.  In the event that a determination is made that the applicant should have been separated under the PDES, these proceedings will serve as the authority to void his original discharge and to issue the appropriate separation retroactive to his original separation date.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by the Office of the Surgeon General contacting the applicant to arrange, via appropriate medical facilities, a physical evaluation through the use of invitational travel orders to the applicant.  In the event that the applicant requires a medical evaluation board and physical evaluation board, the applicant will be afforded all of the benefits normally afforded individuals on active duty who are undergoing a medical evaluation board and/or a physical evaluation board.  Should a determination be made that the applicant should have been separated under the Physical Disability Evaluation System, these proceedings will serve as the authority to void his administrative separation and to issue him the appropriate separation retroactive to his original separation date, with entitlement to all back pay and allowances and/or retired pay, less any entitlements already received. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to voiding his discharge and retiring him for permanent disability without undergoing evaluation under the physical disability evaluation system.




      _______ _   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)                                         AR20120002166





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ABCMR Record of Proceedings (cont)                                         AR20120002166



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