BOARD DATE: 10 June 2014
DOCKET NUMBER: AR20130016355
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 correction of his records to show he was medically discharged.
2. The applicant states his disability has been evaluated as 100-percent service connected by the Department of Veterans Affairs (VA).
3. The applicant provides numerous VA records.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 29 June 2006 for a period of 5 years. He completed his training and was awarded military occupational specialty 44E (machinist). He served in Iraq from 15 April 2008 to 17 July 2009. On 28 June 2011, he was honorably released from active duty (REFRAD) by reason of completion of required active service.
2. There is no evidence of record showing he was diagnosed with any medical condition prior to his REFRAD on 28 June 2011.
3. His service medical records are not available for review by the Board.
4. He provided a VA Rating Decision, dated 9 May 2013, showing he was granted service connection for:
* anxiety disorder (100 percent)
* obstructive sleep apnea (50 percent)
* pseudofolliculitis barbae (30 percent)
* left wrist tendonitis (10 percent)
* bilateral pes planus with bilateral plantar faciitis (0 percent)
5. His overall or combined VA disability rating is 100 percent.
6. 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 the mere presence of an impairment does not, in 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 a service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in the 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.
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 or her office, rank, grade, or rating because of disability incurred while entitled to basic pay.
8. Title 38, U.S. Code, sections 310 and 331, 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 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should have been medically discharged. However, there is no evidence showing he was diagnosed with a medical condition prior to his REFRAD. There also is no evidence showing he could not perform his duties while serving on active duty. Therefore, there is insufficient evidence to show a medical discharge was warranted.
2. The VA granted him an overall/combined disability rating of 100 percent. However, an award of a VA rating does not establish entitlement to medical retirement or separation from the Army. Operating under different laws and its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military service, awards ratings because a medical condition is related to service (service connected) and affects the individual's civilian employability. Furthermore, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.
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) AR20130016355
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ABCMR Record of Proceedings (cont) AR20130016355
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