BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120005650 


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 reinstatement in an active duty Reserve status to go through the process of a medical evaluation board (MEB)/physical evaluation board (PEB). 

2.  The applicant states:

	a.  She was discharged from the Army (on 12 June 2011) by reason of completion of required active service.  However, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 4-2c, states that "personnel who are physically unfit for retention (see Army Regulation 40-501 (Standards of Medical Fitness, chapter 3)), but those who were accepted for continued military service per Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), will not be separated because of expiration of term of service (ETS) unless processing for separation because of physical disability is waived."  At no point did she waive her MEB, so she should not have been separated from active duty.  She should have remained in an active Reserve status to complete the Physical Disability Evaluation System (PDES) process.

	b.  It is her understanding that Federal law requires Reserve members who have mobilized and deployed to an imminent danger pay area to undergo an evaluation for a physical or mental disability and they should be retained on active duty during the disability evaluation process until they are cleared for continued active service, separated, retired, or placed on the temporary disability retired list.  It also states such a Soldier may request termination of active duty at any time during the demobilization or disability evaluation.  At no point did she make this request and her unit should never have allowed her to ETS.

	c.  Her DA Form 3349 (Physical Profile) that triggered her MEB listed both post-traumatic stress disorder (PTSD) and back problems as a permanent 3 (P3) profile.  This is important as Title 10, U.S. Code (USC), section 1177, outlines that service members diagnosed with, or reasonably asserting PTSD, shall not be separated under other than honorable conditions.  While the substance of the law is not applicable to her case, it highlights the heightened scrutiny for military members with PTSD.  Her MEB lists PTSD as a cause.

3.  The applicant provides:

* her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* A one-page mental health provider statement, dated 21 January 2011
* A Navy Medical Center, San Diego, CA, MEB Narrative Summary, dated 26 April 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the U.S. Army Reserve (USAR) on 14 May 1999 and held military occupational specialty 68J (Medical Supply Specialist).  She was assigned to the 172nd Medical Battalion, Ogden, UT.

2.  She was ordered to active duty as a member of her USAR unit in support of Operation Iraqi Freedom and entered active duty on 2 September 2006.  She served in Qatar from 3 September 2006 to 14 July 2007.  

3.  She was honorably released from active duty on 20 July 2007 by reason of hardship and assigned to her USAR unit.  She completed 10 months and 19 days of net active service during this period of service.

4.  She was ordered to active duty as a member of the Active Guard Reserve (AGR) Program and entered active duty on 4 September 2007.  She was assigned to the 6252d U.S. Army Hospital, San Diego, CA.

5.  Her records contain a memorandum, dated 30 June 2010, from the Command Surgeon, Headquarters, 83d Regional Support Command, Moffett Field, CA, wherein the applicant was notified of her medical disqualification for retention in the USAR.  This memorandum stated a review of her medical records revealed she had been diagnosed with PTSD and back pain which did not meet retention standards of Army Regulation 40-501.  She had the option of electing to be transferred to the Retired Reserve (if eligible), discharged from the USAR, or consideration by a Non-Duty Related (NDR) PEB or a duty-related PEB.

6.  A memorandum to Colonel (COL) KLN, dated 19 October 2010, from Doctor BF, a psychiatry resident physician, Naval Medical Center (NMC), San Diego, CA, stated the applicant was pending a PEB which had been completed.  She had been diagnosed with PTSD secondary to a non-combat incident that occurred while she was on active duty.  She was being treated with medication and psychotherapy and her course was set back by several psycho-social stressors, including her father's passing.  He further stated she was not fit to return to work, was unlikely to return in a timely enough fashion to be a productive member of the command, and would be better suited to transitioning to a temporary unit or the Warrior Transition Unit while her PEB was being processed.  

7.  On 10 February 2011, the applicant extended her enlistment in the USAR.  Her new ETS date was 12 June 2011.

8.  Orders Number R-08-786357A05, issued by the U.S. Army Human Resources Command (HRC), dated 7 March 2011, show the applicant would be released from active duty, effective 12 June 2011.

9.  On 23 March 2011, by email, her commander was notified by COL JLT, the NMC case manager, that she (the applicant) did not show up for her electromyogram (EMG) tests on 15 February or 17 March 2011, which was required for her board.  The case manager further stated she had consistently missed many appointments and had not even called to cancel the appointments.  It was a burden on the Neurology Department and wasted valuable appointments that could have been utilized by Wounded Warriors.

10.  On 24 March 2011, by email, the Deputy G-1, USAR Medical Command (MEDCOM), notified the case manager that the applicant's commander was frustrated with the applicant as she had been extended past her ETS date to complete the MEB process.  Her command felt they had exhausted all efforts to get the applicant the medical care and board action that she required.

11.  On 24 March 2011, by email, COL JLT stated the applicant waited so long that everything was outdated.  She (the applicant) was to complete her current appointments to restart the board process.  She missed the psychiatric appointment for the provider to update the addendum and the EMG appointments were made to completely document her medical complaints.  COL JLT further stated the applicant had in fact put a stop to the board process as the board had not been sent up and would not be without the necessary information.  
12.  An MEB Narrative Summary, dated 26 April 2011, wherein the examining psychiatrist stated the applicant was first seen by mental health on 1 December 2005, following the death of her sister.  She had a past psychiatric history significant for depression and PTSD.  She was diagnosed with major depressive disorder (moderate)/PTSD, borderline personality disorder, and post-partum low back pain.  The examining psychiatrist recommended her case be referred to the PEB for disposition.  The examining psychiatrist further stated the applicant was considered fully competent to be discharged in her own custody and was mentally capable of handling her personal affairs.  

13.  Orders Number D-04-190049, dated 27 April 2011, issued by HRC, discharged the applicant from the USAR effective 12 June 2011.

14.  There is no evidence that shows the applicant requested to extend her enlistment past her ETS date of 12 June 2011.

15.  She was honorably discharged from active duty on 12 June 2011, by reason of completion of required active service.  The DD Form 214 she was issued for this period of service shows she completed 3 years, 9 months, and 12 days of net active service during this period.  She also had 1 year and 3 months of prior active service, and 7 years and 15 days of prior Reserve service.

16.  The applicant provides a memorandum from Doctor BF, a psychiatry resident physician, NMC, San Diego, CA, which is the same as the memorandum contained in her records that was previously discussed; however, the memorandum the applicant provided is dated 21 January 2011 and it does not contain Doctor BF's signature.  It is also addressed to a Captain TV.

17.  The applicant's records contain a DD Form 2807-1 (Report of Medical History) she completed on 13 December 2011 for the purpose of enlistment in the USAR.  She indicated on this form that she was currently in good health.  She also checked the "NO" blocks of this form to indicate she did not ever have or now had:  "recurrent back pain or any back problem," "nervous trouble of any sort - anxiety or panic attacks," "frequent trouble sleeping," "received counseling of any sort," or had "depression or excessive worry."  She certified this information was true by placing her signature in the appropriate block on 13 December 2011.  

18.  Her records also contain a DD Form 2808 (Report of Medical Examination), dated 13 December 2011, wherein she underwent a physical examination for the purpose of enlistment in the USAR.

19.  On 15 December 2011, she enlisted in the USAR for 1 year in MOS 91B (Wheeled Vehicle Mechanic).  She is assigned to the 376th Human Resources Company, 311th Sustainment Command, San Diego, CA.

20.  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.  It states MEB/PEBs 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, chapter 3.  It further states, Soldiers will not be separated because of ETS unless processing for separation because of physical disability is waived.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was found to have medical conditions that disqualified her for retention in the USAR.  Accordingly, she was extended on active duty and her commander referred her for medical processing through the PDES process as required.  However, it appears an MEB never convened as the applicant repeatedly failed to keep the medical appointments that were required for MEB processing, and she did not extend her ETS beyond 12 June 2011.  As such she was properly discharged on 12 June 2011 by reason of completion of required active service.

2.  In addition, it appears her medical conditions have been resolved as the evidence of record shows she enlisted in the USAR on 15 December 2011.

3.  In view of the foregoing, she is not entitled to the 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)                                         AR20120005650



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ABCMR Record of Proceedings (cont)                                         AR20120005650



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