IN THE CASE OF:	  

		BOARD DATE:  5 February 2013

		DOCKET NUMBER:  AR20120016078 


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 change of his discharge to a medical retirement.

2.  The applicant states he was misdiagnosed during the medical evaluation board (MEB) process.  He claims he was later found to suffer from Post Traumatic Stress Disorder (PTSD) and granted a 50% disability rating by the Department of Veterans Affairs (VA).  He states the 50% disability rating assigned by the VA would have resulted in his medical retirement had it been assigned during his Physical Disability Evaluation System (PDES) processing.

3.  The applicant provides a Congressional Inquiry packet and refers to a VA claim in support of his request.  He did not provide the VA rating decision or VA medical treatment records.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 February 2006.  He was trained in and awarded military occupational specialty 15U (CH-47 Helicopter Repairer).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on
1 October 2009 and this is the highest rank he attained while serving on active duty.

2.  On 10 September 2010, an MEB convened to consider the applicant's case and evaluated the following two diagnosed conditions that resulted in the findings indicated:

	a.  right illioinguinal/ iliohypogastric neuropath, status post-right inguinal herniorrhaphy, which it found was medically unacceptable; and

	b.  adjustment disorder with anxiety and depressed mood, which it determined was medically acceptable.

3.  The MEB referred the applicant's case to a Physical Evaluation Board (PEB).  The medical treatment records supporting the MEB findings show the applicant was consistently diagnosed and treated for an adjustment disorder related to marital problems beginning in April 2009.  The medical treatment records provide no record of the applicant complaining of any of the 3 conditions required to establish a diagnosis of PTSD.

4.  On 13 October 2010, the applicant agreed with the findings and recommendations of the MEB.  He provided a statement related to his adjustment disorder wherein he stated he believed he was diagnosed prior to surgery.  He did not question the validity of the diagnosis.

5.  On 3 November 2010, a PEB evaluated the applicant's case.  The PEB found the applicant's "inguinal neuropathy following right inguinal herniorrhaphy" condition unfitting and assigned a 10% disability rating.  The PEB noted the applicant's adjustment disorder was a condition not constituting a physical disability.  The PEB recommended the applicant's separation from service with severance pay.

6.  On 8 November 2010, the applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing.  On 10 November 2010, the PEB proceedings were approved by the proper authority.

7.  On 8 February 2011, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of disability, severance pay, combat-related.  The DD Form 214 he was issued at the time shows he completed a total of 4 years, 11 months, and 23 days of creditable active service.

8.  Army Regulation 635-40 establishes the Army 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/her office, grade, rank, or rating.  It stipulates that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his disability rating and change of his discharge to a medical retirement has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant's separation from active duty complied with applicable laws and policies.  The evidence of record confirms the applicant was properly processed through the PDES and provided a disability rating based on the unfitting condition identified by the PEB.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The evidence of record and independent evidence provided by the applicant fail to show he was suffering from PTSD at the time of his separation processing.  The medical treatment records included in his MEB packet confirm he was consistently diagnosed and treated for an adjustment disorder beginning in April 2009 that resulted from marital problems.  The medical treatment records fail to show the applicant ever complained of any of the DSM required criteria required to establish a PTSD diagnosis.  As a result, there is no medical evidence that would call into question the validity of the PEB findings and recommendations.  

4.  Further, this case does not meet any of the screening criteria established by the Office of The Surgeon General (OTSG) (i.e. changed diagnosis during MEB).  There is also no medical evidence showing the applicant was suffering from a disabling PTSD condition at the time of his PDES processing.

5.  In view of the foregoing, there is an insufficient evidentiary basis to support granting the applicant's 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)                                         AR20120016078



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ABCMR Record of Proceedings (cont)                                         AR20120016078



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