IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140001886 


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, correction of her record to show she was determined to be unfit by the physical disability evaluation system (PDES) and retired by reason of physical disability.

2.  The applicant states, in effect, that the Army failed to provide her the proper care and treatment for her mental health issues which presented early in her military career and which led her to voluntarily end her military career.

3.  The applicant provides her service medical records, a self-authored statement, and an unsigned letter from a Licensed Independent Social Worker (LISW). 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 22 October 2002.  She completed training and served as a radiology specialist.

2.  On 5 November 2012, the applicant was honorably discharged upon the completion of her required active service.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 9 years, 
11 months, and 11 days of creditable active service.

3.  The applicant provides a copy of her service medical records.  These records show that during her active duty service she was treated for numerous medical conditions including tendonitis, knee pain, wrist joint pain, anemia, and primary hypersomnia with sleep apnea.  Further, during the period May-July 2005 she received medical care at the Mental Health, Family Advocacy, and Social Work Clinics at Landstuhl Regional Medical Center, Germany to observe for "suspected mental condition and other specified family circumstances."  

4.  The available service record does not show she was issued a permanent profile for any medical or mental health condition nor was she diagnosed with post-traumatic stress disorder (PTSD) or an Anxiety Disorder while on active duty.

5.  In her self-authored statement she contends that:

	a.  She was diagnosed with Anxiety Disorder and PTSD which are a manifestation of a sexual trauma (molestation) that she endured between the ages of 6-14, and an attempted rape in 2011 by the same perpetrator.

	b.  She began to manifest symptoms in 2005 while serving at the Health Care Facility at SHAPE, Belgium and she was command-referred to the Social Work and Family Advocacy Clinics, neither of which did an in-depth screening or referral to other mental health specialist.

	c.  Her symptoms continued to manifest primarily with depression and prolonged periods of sleep and she was diagnosed with hypersomnia in relation to sleep apnea based solely on the provider's personal opinion without proper evaluation and screening.

	d.  Upon her discharge from the Army in 2012 she was properly diagnosed with Anxiety Disorder and PTSD by the William Jennings Dorn Veteran Affairs Medical Center and a civilian provider.  Her prolonged sleep episodes or hypersomnia is a manifested symptom of these disorders and not the caused by sleep apnea.

	e.  If she had been diagnosed at an early stage in her career she could have received proper treatment and continued her military service and not voluntarily left due to her symptoms and ailments controlling aspects of her daily life.

6.  She provides an unsigned letter from an LISW specializing in PTSD.  This civilian provider states that the applicant was diagnosed with PTSD and General Anxiety Disorder.  These disorders were greatly impacted by her service in the U.S. Army from 2002-2012.  The constant interactions with male counterparts and superiors led to an increase in symptomatic behavior.  She recommended that the applicant continue treatment and therapy, but was of the opinion that symptomatic manifestations would likely continue throughout her life, impacting her ability to sustain gainful employment and build social relationships.

7.  The service medical records provided by the applicant do not show a diagnosis of PTSD or Anxiety Disorder while on active duty.

8.  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.  It provides for medical evaluation boards which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in Army Regulation 40-501 (Standards of Medical Fitness).  Paragraph   3-1 provides that the mere presence of 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 their office, grade, rank, or rating.  To ensure all Soldiers are physically qualified to perform their duties in a reasonable manner, medical retention qualification standards have been established in Army Regulation 40-501.  These standards include guidelines for applying them to fitness decisions in individual cases.  These guidelines are used to refer Soldiers to an MEB.

9.  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 office, rank, grade or rating because of a disability incurred while entitled to basic pay.  Sections 310 and 331, permits the Department of Veterans Affairs (VA) to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency’s examinations and findings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of her record to show she was determined to be unfit by the PDES and retired by reason of physical disability.

2.  The available medical records provided by the applicant show that she was treated for various medical conditions which included hypersomnia with sleep apnea and a suspected mental health issue while on active duty but her medical record is void of a PTSD or Anxiety Disorder diagnoses brought on by sexual trauma.  Nothing in her records shows she was diagnosed with a physical or mental condition that failed retention standards.

3.  Her traumatic experience and/or her current diagnoses are noted; however, the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  There is insufficient evidence to show she suffered from any medically unfitting condition which rendered her unfit to perform her duties prior to her discharge, which would have required her to be processed for separation through the Army PDES.

4.  A disability decision rendered by another agency does not establish error on the part of the Army.  Operating under different laws and its own policies, the VA does not have the authority or the responsibility for determining the medical condition of a Soldier at the time of his or her discharge.  The VA may award ratings because of a service-connected disability that affects the individual's civilian employability.

5.  Lacking evidence of an error or injustice, there is no basis to grant relief and as such her request should be denied.

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)                                         AR20140001886



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001886



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1