BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120008778
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 her earlier petition to the Board for medical retirement.
2. The applicant states the Department of Veterans Affairs (VA) has raised her percentage of disability for Post Traumatic Stress Disorder (PTSD) from 10 to
30 percent (%) which was effective 5 July 2011 and her Global Assessment of Functioning (GAF) score is 60. She states the Board indicated she never sought help for her PTSD while still on active duty but this is not true. She claims that at her last duty assignment in Korea she made an appointment with a social worker in September or October 2008, and left Korea in November 2008.
3. The applicant provides an undated VA rating decision as new evidence in support of her request.
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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110013527, on 7 February 2012.
2. During its original review of the case, the Board found no evidence suggesting the applicant could not perform her military duties while on active duty, and as a result there was insufficient evidence to show a medical retirement was warranted.
3. The applicant submits an undated VA rating decision that shows her disability rating of 10% for PTSD was being raised to 30% effective 5 July 2011.
4. The applicants record shows she was honorably retired on 31 January 2009, in the grade of staff sergeant/E-6, after completing a total of 20 years, 1 month, and 26 days of active military service.
5. The applicants record is void of any medical treatment records indicating that she was suffering from a disabling mental or physical condition at the time of her retirement.
6. The record shows on 28 January and 13 July 2011, the U.S. Army Human Resources Command, Combat Related Special Compensation (CRSC) Branch, denied the applicants requests for CRSC. The reason for the original and final denials was the lack of documentary evidence showing an accident or incident connecting her disability to a combat-related event.
7. 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.
8. 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.
9. 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 applicants request for reconsideration of her earlier petition to the Board for medical retirement and the new evidence submitted has been carefully considered. However, there remains insufficient evidence to support her claim.
2. The evidence of record and independent evidence submitted by the applicant fails to show she was unable to perform the duties of her grade and specialty. As a result, absent any medical evidence confirming the applicant suffered from a disabling mental or physical condition that prevented her from performing her duties, there is insufficient evidence to support amendment of the original decision 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 AR20110013527, dated 7 February 2012.
_________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) AR20120008778
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ABCMR Record of Proceedings (cont) AR20120008778
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