IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120022782 


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 previous request for correction of his records to show he was discharged for medical reasons.

2.  He states the Department of Veterans Affairs (VA) has awarded him a 
30-percent service-connected disability rating for post-traumatic stress disorder (PTSD) and he has a service-connected heart condition.

3.  He provides page 2 of his VA Rating Decision.

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 AR20110008555 on 29 November 2011.

2.  The applicant provided page 2 of his VA Rating Decision.  This document is new evidence and, as such, warrants consideration by the Board.

3.  On 8 September 2003, the applicant enlisted in the Louisiana Army National Guard (LAARNG).  After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).

4.  On 5 January 2010, he was ordered to active duty from the LAARNG in support of Operation Iraqi Freedom.  He served in Iraq from 23 March to 10 July 2010.

5.  In support of his previous application, he provided medical records showing he developed sporadic episodes of abnormal heart rhythm during his deployment to Iraq.  He was subsequently found to have an abnormal area of heart conduction and was treated with radio frequency ablation.  The procedure was curative.  The ablation killed the small focus of abnormal tissue that was sending out extra electrical signals causing episodes of arrhythmia.  After the procedure, he had no more abnormal rhythm and required no medication.  His period of mobilization was extended 66 days to accomplish the evaluation and treatment.

6.  His complete service medical records are not available for review.  The medical records he provided in support of his previous application do not show he had been diagnosed with PTSD.

7.  A DA Form 3349 (Physical Profile), dated 6 August 2010, shows he was issued a temporary physical profile for supraventricular tachycardia.  The temporary physical profile expired on 4 November 2010.

8.  On 16 October 2010, he was honorably released from active duty by reason of completion of required active service.

9.  On 20 April 2011, he was honorably discharged from the LAARNG by reason of movement to an area where an ARNG unit was not within reasonable commuting distance.  He was further transferred to the U.S. Army Reserve Control Group (Individual Ready Reserve).

10.  He provides page 2 of his VA Rating Decision showing the VA awarded him service-connected disability ratings for:

* PTSD – 30 percent from 19 April 2012
* tachyarrhythmia – 0 percent

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

	a.  This regulation states the mere presence of an 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, rank, or rating against medical retention qualification standards established in Army Regulation 40-501 (Standards of Medical Fitness).

	b.  Soldiers must be referred into the PDES.  If a treating physician believes a Soldier is unable to perform full military duty or is unlikely to be able to do so within a reasonable period of time – normally 12 months – the Soldier is referred to a medical evaluation board (MEB) at the medical treatment facility where treatment is being provided.  The MEB is an informal process comprised of at least two physicians who compile, assess, and evaluate the medical history of a Soldier and determine if the Soldier meets or will meet retention standards.  If the Soldier meets retention standards, the Soldier is returned to duty in his or her current military occupational specialty.  If the Soldier does not meet retention standards, the case will be referred to a physical evaluation board (PEB) for further disposition and determination of fitness.

12.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not empowered 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 of the individual concerned.  Consequently, due to the two concepts involved, an individual may have a medical condition that is not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, but that same condition may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for correction of his records to show he was discharged for medical reasons.

2.  There is no evidence showing the applicant was diagnosed with PTSD or any other condition during his active duty service that rendered him permanently unfit for duty.

3.  The fact that the VA has granted him a service-connected disability rating for PTSD and has determined that his heart condition is service connected is not evidence of an error in the decision to release him from active duty on 16 October 2010 by reason of completion of required active service.  The VA awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Receiving a rating from the VA is not evidence of error in the reason for which the Army released a Soldier from active duty.

4.  In view of the foregoing, there is an insufficient basis for granting 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20110008555, dated 29 November 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)                                         AR20120022782



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ABCMR Record of Proceedings (cont)                                         AR20120022782



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