IN THE CASE OF:	  

		BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130002209 


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, in effect, consideration by a medical evaluation board (MEB).

2.  The applicant states:

* he feels he was not given enough time to assess his medical condition
* he suffers from chronic back pain and is currently being evaluated for post-traumatic stress disorder (PTSD) by the Department of Veterans Affairs (VA)
* he was discharged by reason of reduction in force and was not given enough time for a proper medical evaluation
* he suffered two injuries to his back from slippery Army equipment
* he was diagnosed with an anxiety disorder by the Army

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* service medical records
* VA medical records

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 May 2008.  He completed his training and was awarded military occupational specialty 92F (petroleum supply specialist).

2.  He provides medical documentation, dated 2009, which shows he was diagnosed with an adjustment disorder with anxiety.

3.  He served in Iraq from 28 April 2009 to 9 April 2010.

4.  He was issued a temporary physical profile on 4 January 2011 for low back pain secondary to a fall.  Medical documentation provided by him show he was noncompliant with treatment both with medicines and with his recommended physical regimen.  His pain was attributed to muscle strain and was often referred to as lumbago.  The persistence of his pain was attributed to his weight, his level of activity, and his noncompliance with treatment.  

5.  He provides medical documentation, dated February 2011 and March 2011, which shows he was treated for lower back pain.  One document states, "NO HX TRAUMA [no history of trauma]."

6.  Other medical documentation he provides shows he had a mental health issue prior to deployment, and there are two notes that refer to counseling for symptoms of depression and marital problems prior to his deployment in April 2009.  While in Iraq the house his family was staying in burned down.  He was allowed to leave Iraq to assist his family.  Upon returning to Iraq he was given nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for pornography that was found on his government computer while he was gone.  Later discussion with VA mental health providers attributed a significant amount of anger to these incidents.  He received mental health counseling and medications in theater and upon returning stateside.  At no time was he ever diagnosed with PTSD; but documents show he denied having any symptoms of PTSD.

7.  The medical documentation further shows that he was diagnosed with adjustment disorder with anxiety and depressed mood and continued to have marital problems.  His mental health symptoms were attributed to psychosocial stressors (i.e., marital stress).  There is no record of any profile for a mental health problem and no indication that his ability to perform the duties of his MOS were affected by mental health issues.  Documents dated 2012 show he was being treated by the VA for PTSD with claimed suicidal ideations and reported recurring dreams of mortar rounds going off.  

8.  On 22 July 2011, he was honorably released from active duty under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 16-7, for reduction in force.

9.  He provides VA medical records which show he was diagnosed with PTSD in 2012.

10.  Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-36 (Adjustment Disorders), states that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability but may be the basis for administrative separation if recurrent and causing interference with military duty.

11.  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.  The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty.

12.  Title 10, U.S. Code, chapter 61, provides for disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and request for consideration by an MEB were carefully considered.  However, there is no evidence that he was ever given a permanent profile for back pain or any profile for a mental condition.  The evidence he provided shows he denied symptoms of PTSD while he was on active service, although he later was treated for PTSD by the VA.  More importantly, there is no evidence that shows he could not perform his military duties.

2.  The governing regulation states adjustment disorders do not render an individual unfit because of physical disability.

3.  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.  The available evidence shows the applicant was fully capable of performing his military duties.

4.  In view of the foregoing, there is no basis for 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 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)                                         AR20130002209



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002209



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1