BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130004907 


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, that she be referred to the Physical Disability Evaluation System (PDES) to determine whether she should be medically retired rather than discharged. 

2.  The applicant states she believes she should be medically retired.  She was allowed into the U.S. Army Reserve (USAR) before knowing the Department of Veterans Affairs (VA) had awarded her a 70 percent disability.  That may soon increase because she finally received readings from x-rays showing she has degenerative disk disease, and the VA has also determined that her carpal tunnel syndrome is much worse than before.

3.  The applicant provides:

* DA Form 3349 (Physical Profile), dated 23 October 2004
* DD Form 2808 (Report of Medical Examination), dated 5 April 2007
* undated DD Form 2807-1 (Report of Medical History)
* 143 pages of Standard Forms 600 (Chronological History of Medical Care) from 2005 to 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 April 2011
* VA Rating Decision memoranda dated 2 May 2012
* Carolina Imaging, Cervical Spine X-ray, dated 9 January 2012



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 12 May 1998.  She completed training and was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist).

2.  The applicant's SF Forms 600 indicate she had a history of lower back pain since 1999.  Her lower back pain was controlled with medication, physical therapy, and chiropractics throughout her enlisted military service.  

3.  A DA Form 3349, dated 23 September 2004, shows the applicant was issued a permanent profile for "CHRONIC LOW BACK PAIN, BILATERAL PLANTAR FASCIITIS."  The approving authority stated the applicant could continue to perform all duties within the limits of her profile.

4.  A DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)), for the period 1 April 2010 through 28 February 2011, showed the applicant's rank as sergeant first class (SFC) and that she successfully met all the requirements of duty MOS 92Y4O during the rating period.

5.  On 17 April 2011, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) due to parenthood.

6.  The applicant provided a Carolina Imaging cervical spine x-ray, dated 
9 January 2012, that found:

* mild reverse lordosis of the cervical spine at C5-6
* degenerative disc disease by loss of disc height and spondylotic spurring at C5-6 and C5-7
* osseous alignment and mineralization was otherwise normal 

7.  Orders C-05-208097, dated 31 May 2012, issued by the U.S. Army Human Resources Command (HRC) show that the applicant was appointed as a Reserve commissioned officer of the USAR in the rank of second lieutenant (2LT), effective 25 May 2012. 

8.  The applicant provided a 3-page VA Rating Decision, dated 2 May 2012, that shows she received the following service-connected disability ratings:

* 50 percent - cystocele with mild stress incontinence
* 10 percent - bulging disc L4-L5

* 10 percent - mitral valve prolapse with murmur
* 10 percent - carpel tunnel syndrome, left
* 10 percent - carpel tunnel syndrome, right
* 0 percent - plantar fasciitis left foot
* 0 percent - plantar fasciitis right foot 
* 0 percent - external hemorrhoids
* 0 percent - right sciatical L5-S1 distribution associated with bulging disc, L4-L5 

She was given a combined evaluation of 70 percent.

9.  Orders D-12-217312, dated 3 December 2012, issued by HRC, show that the applicant was honorably discharged from the USAR.

10.  In a telephone conversation with a Board analyst on 18 February 2014, a representative from HRC stated "according to the Officer Special Action Branch, the applicant voluntarily requested to resign her commission in the USAR."  There is no indication she was separated from the USAR due to medical reasons.

11.  Army Regulation 635-40 (Physical Evaluation), chapter 3 provides 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.  To be found unfit by reason of physical disability, individuals must be unable to perform the duties of grade, rank or rating.

12.  Title 38, U. S. Code, sections 1110 and 1131, 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 of the individual concerned.  Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request that she be referred to the PDES to determine whether she should be medically retired rather than discharged was carefully considered and it was determined there is insufficient evidence to support her request.

2.  Evidence of record shows she was treated for recurrent back pain with medication, physical therapy, and chiropractics throughout her enlisted military service and had a permanent profile for lower back pain and bilateral plantar fasciitis.  However, there is no evidence of record that indicates she was unable to perform her military duties due to these conditions.  It appears when she separated from the RA she was medically eligible for retention.

3.  In addition, she was appointed as a commissioned officer of the USAR after her discharge in April 2011, which is a further indication that she was medically fit for retention.  The evidence of record fails to indicate she could not perform her military duties, nor is there any evidence that shows she was separated from the USAR due to physical disability, and she provides no such evidence.

4.  The VA rating documents provided by the applicant were also carefully considered.  However, the award of a VA rating does not establish entitlement to medical retirement or separation.  The VA is not required to find unfitness for duty.  Operating under its own policies and regulations, the VA awards ratings because a medical condition is related to service, i.e., service-connected.  Furthermore, the VA can evaluate a veteran throughout his/her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. 

5.  Based on the above, the applicant has not submitted sufficient evidence to show she was eligible for referral to the physical disability system or that she was ever unfit by reason of physical disability.

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)                                         AR20130001190



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ABCMR Record of Proceedings (cont)                                         AR20130004907



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