BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004307 


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 reconsideration of his earlier petition to correct his record to show he was medically retired.

2.  The applicant states:

	a.  information he received in a letter from his congressional representative explains why his reconsideration request is over a year old;

	b.  his mental condition while on active duty warranted a medical review;

	c.  the Department of Veterans Affairs (VA) diagnosed him with post-traumatic stress disorder (PTSD) in May 2011;

	d.  although he graduated from the Warrior Leadership Course (WLC), as indicated during the original review of his case, he suffered from an anxiety attack during that time as he did on other occasions following his deployment;

	e.  his supervisor and first sergeant (1SG) did not think he had the mental capacity required for promotion and they did not complete a Noncommissioned Officer Evaluation Report (NCOER) on him because of it; and

	f.  his mental condition has caused him much emotional and economical stress leaving him unable to gain employment.

3.  The applicant provides:

* Self-authored statement
* Congressional Letter 
* Army Board for Correction of Military Records (ABCMR) letter
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Forms 149 (Application for Correction of Military Record)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20100015012, on 4 January 2011.

2.  During its original review of this case, the Board determined:

	a.  Contrary to the applicant's claim that his sleep apnea and depressive disorder formed the basis for his medical retirement, his record did not contain evidence to show he suffered from any medically unfitting conditions that would have warranted his separation processing through medical channels.

	b.  While his record did not include an NCOER, a DA Form 1059 (Service School Academic Evaluation Report) showed he successfully completed the WLC within the last 5 months of his active duty service, thereby confirming his ability to perform his duties through the date of his discharge.

	c.  The applicant did not meet the criteria contained in Army Regulation
635-40 (Physical Evaluation for Retention, Retirement, or Separation) to be processed through medical channels and as a result, his request was denied.

3.  The applicant now provides new argument, indicating the VA diagnosed him with PTSD in May 2011 as a result of his active duty service.  He also provides a letter from a congressional staff member wherein she explains the rationale behind his untimely request, indicating both the applicant and she had assumed the other forwarded the request to this Board; however, neither party did.

4.  The applicant enlisted in the Regular Army on 4 October 2000.  He served in military occupational specialties 68W (Health Care Specialist) and 42A (Human Resources Specialist).

5.  His Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), contains an Army Commendation Medal (ARCOM) Certificate.  It shows the applicant was award the ARCOM for exceptional meritorious service as a platoon medic during Operation Iraqi Freedom (OIF) from 27 September 2007 through 22 November 2008.

6.  On 20 October 2009, the applicant was honorably discharged at the completion of required active service.  He completed 9 years and 17 days of net active service this period with 4 years and 6 months of prior active service, for
14 years, 6 months, and 17 days of total active service.

7.  The applicant's record is void of any medical treatment records or other documents that indicate he was treated for sleep apnea, a depressive disorder, PTSD, or any disabling or disqualifying (unfitting) conditions prior to discharge from active duty.

8.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  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, rank, or rating.  Separation by reason of disability requires processing through the PDES.

9.  Paragraph 2-2b of the same regulation provides guidance on presumptions of fitness and states, in pertinent part, that when a member is being separated by reason other than physical disability, his/her continued performance of duty creates a presumption of fitness that can be overcome only by clear and convincing evidence that he was unable to perform his/her duties.

10.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  However, an award of any VA rating does not establish error or injustice by the Army.  The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service.  The Army disability rating is to compensate the individual for the loss of a military career.  The VA does not have authority or responsibility for determining physical fitness for military service.  The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian 
employability.  As a result, these two Government agencies, operating under different policies, may arrive at a different disability rating based on the same 

impairment.  Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been medically retired based on his service-incurred PTSD condition as diagnosed by the VA in May 2011.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant was discharged by reason of completion of required service as evidenced on his DD Form 214.  By regulation, a member's continued performance of duty creates a presumption of fitness that can be overcome only by clear and convincing evidence that he/she was unable to perform his duties.

3.  The evidence of record provides no indication the applicant was ever treated for PTSD symptoms during his active duty tenure.  Furthermore, there is no evidence suggesting he was suffering from a disabling mental or medical condition at the time of discharge that would have supported his separation processing through medical channels.

4.  Absent any evidence to show the applicant had a medical condition that rendered him incapable of reasonably performing the duties of his office, grade, rank, or rating during his active duty service, there is an insufficient evidentiary basis to grant the requested relief in this case.

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 to amend the decision of the ABCMR set forth in Docket Number AR20100015012 dated 4 January 2011.



      _________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)                                         AR20120004307



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ABCMR Record of Proceedings (cont)                                         AR20120004307



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