IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140007286
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 consideration by a medical evaluation board (MEB) for fitness for duty or a disability separation.
2. The applicant states:
a. On 11 January 2014, he was discharged from the Army after 14 years of active service despite having two permanent physical profile ratings of 3 and two non-fit for duty determinations. Both physical profiles and the non-fit for duty determinations were given for severe post-traumatic stress disorder (PTSD) with high anxiety/depression and mild traumatic brain injury (TBI) as a result of his two deployments. Despite his extensive medical records, treatments, and recommendations from healthcare providers for consideration by an MEB, the Ireland Army Community Hospital (ACH) Commander took advantage of a clerical error and discharged him anyway.
b. Throughout his career, it has been an uphill battle functioning with his PTSD/TBI. He first sought treatment for his PTSD three-quarters of the way through his first deployment during the invasion of Iraq in 2003. At that time, he was not given medication to control his anxiety, but he was seen by behavioral healthcare providers while he was deployed. During this deployment, he was involved in several explosions that contributed to his TBI and increased hypervigilance. After his return, he continued counseling and was prescribed sleep medication.
c. During and after his second deployment in 2005, his symptoms not only increased, but became debilitating despite his continued treatment. In 2010, he was scheduled to deploy to Afghanistan, but was found not fit for duty and was transferred to undergo consideration by a medical board. He went through the evaluation period where they identified many other physical issues, but they never looked at the reason he was admitted.
d. In 2012, his medical records were disregarded and he was returned to duty with high blood pressure. After a lost battle for reevaluation of his records, he took a squad leader position so he could continue treatment. His PTSD symptoms continued to increase and became incapacitating. He continued to have troubles with day-to-day operations.
e. Six months before he was scheduled to separate from the Army due to his expiration of term of service (ETS), his counselor determined he had reached "MRDP" (presumed to mean Multi-Country Demobilization and Reintegration Program) for his PTSD once again. It took the next 6 months for the boarding authority to make a determination whether he deserved consideration by a medical board. After review, his counselor determined a nurse practitioner or social worker could not make the determination on a PTSD diagnosis. He was told he would have to get out of the Army and go through the Department of Veterans Affairs (VA).
f. Subsequently, another non-fit for duty determination was made, but he was denied a medical extension because medical notes were mislabeled and not filed in a timely manner. His ETS date was a Sunday. When his case was presented to the Ireland ACH Commander on Monday with the non-fit for duty determination along with years of notes describing his battle with PTSD, the commander took advantage of the fact that the notes for the non-fit for duty were not added until Monday morning. The commander determined that because he was already out of the Army, it was easier for him to seek treatment though the VA.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* medical records from the Ireland ACH, Fort Knox, KY
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 30 September 1999 and trained as a wheeled vehicle mechanic. He served in Iraq from 1 April 2003 to 15 April 2004 and from 8 December 2005 to 3 December 2006. He was promoted to sergeant/E-5 effective 1 September 2008.
2. His DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) covering the period 14 February 2012 through 13 February 2013 shows he was rated:
* "Success (Meets Standard)" for physical fitness and military bearing by his rater with the following bullet comment: "Soldier is on profile and unable to perform APFT [Army Physical Fitness Test] but is able to complete all assigned duties"
* "Fully Capable" for overall potential for promotion and/or service in positions of greater responsibility by his rater
* "Successful" for overall performance by his senior rater
3. His DA Form 2166-8 covering the period 14 February 2013 through 11 January 2014 shows he was rated:
* "Needs Improvement (Some)" for physical fitness and military bearing by his rater with the following bullet comment: "did not let profile hinder job performance"
* "Fully Capable" for overall potential for promotion and/or service in positions of greater responsibility by his rater
* "Successful" for overall performance by his senior rater
4. On 11 January 2014, he was honorably discharged upon his ETS. He received $26,460.54 in separation pay.
5. He provided medical records from the Ireland ACH that show he was treated (therapy/counseling) for PTSD and TBI.
6. 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.
7. Army Regulation 635-40 further states 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 who can no longer continue to reasonably perform because of physical disability incurred or aggravated in service. 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 his or her office, grade, rank, or rating.
8. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions and request for consideration by an MEB were carefully considered. He was diagnosed with PTSD and a TBI prior to his discharge in 2014. However, there is no evidence showing he could not perform his military duties. His NCOER's for the periods 14 February 2012 through 11 January 2014 show he was rated "Fully Capable" and "Successful" for his potential for promotion and overall performance. These reports do not indicate he could not perform his duties. In addition, his raters commented that he was "able to complete all assigned duties" and he "did not let profile hinder job performance" in the physical fitness and military bearing sections.
2. 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 his or her office, grade, rank, or rating. The available evidence shows the applicant was fully capable of performing his military duties.
3. 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) AR20140007286
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ABCMR Record of Proceedings (cont) AR20140007286
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