IN THE CASE OF:  

		BOARD DATE:  12 May 2015	  

		DOCKET NUMBER:  AR20140011668 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) and discharge orders to show he was medically retired with a 100 percent (%) disability rating. 

2.  The applicant states he adamantly believes that if his post-traumatic stress disorder (PTSD) had been properly treated, if the Army had not forgotten about him on the Demilitarized Zone (DMZ), and if the Army had not dealt with him in the wrong manner on numerous subsequent occasions, he could have recovered and completed his military career without all the suicide attempts.  He feels he should be retired with a 100% disability rating, the same percentage of disability the Department of Veterans Affairs (VA) awarded him.  

	a.  When he was in Kosovo in 1999, he had a near death experience and nearly suffocated to death in a tank; his heart was damaged when a round dropped on the ground at the same time a fire bottle exploded.  He caught the round and forced it back in the honeycomb before passing out and being medically evacuated to a field hospital.  A few days after he was discharged from the field hospital, he was sent on a Quick Reaction Force (QRF) mission and had to lie in a creek of dead bodies in the Presevo valley.  A couple months later his squad leader, who had been standing next to him, was killed by fratricide.  He was unable to save his squad leader.  



	b.  After being deployed several times he was treated for anxiety attacks that grew more frequent in 2004.  He was experiencing four panic attacks a day by this time and was diagnosed with PTSD.  He was stationed on the DMZ in Korea at the time of his PTSD diagnosis.  The Area 1 camps were being closed down at that time and he was assigned to the Property Clearing House (PCH) detail.  As a member of this detail, it was his responsibility to account for all of the property for the six camps on the DMZ.  In the beginning there were eight personnel assigned to this detail, but over time the other personnel were all reassigned along with the higher command, who eventually forgot he was up there all by himself.  At one point he broke his hand and ankle in an accident and was treated at a Korean hospital; however, he was still doing his job, by himself, monitoring all six camps.  He attempted to contact the higher command and ask for assistance and relief but none came.  He was told to suck it up because nobody was coming.  He was living on the economy and had not slept for months because he had to work 24 hours a day, 7 days a week to maintain accountability of the camps after his teammates were all reassigned.  This extreme situation, in addition to his PTSD, resulted in his having a psychotic break and attempting suicide by setting his room on fire after taking a bottle of pills and drinking a bottle of whiskey.  A Korean rescued him and he was finally relieved of his post and admitted as an inpatient at mental health in Yongsan.  After his discharge from mental health, his issues went untreated.

	c.  His next assignment exacerbated the problems.  While on 1800mg of Depakote per day, he was assigned as a tank commander with a unit from Camp Hovey, Korea, firing live rounds downrange in gunnery while heavily sedated.  He was punished, berated, and humiliated by his chain of command in the process.  His chain of command did not understand what he had been through while on the PCH detail and refused to follow the advice of the division psychiatrist by reassigning him to a non-combat military occupational specialty (MOS) position until he recovered.  It got so bad he could not even bring himself to pull the trigger at the firing range.  His hands would shake uncontrollably and he was having nightmares following a series of bad anthrax doses that were discontinued.  He still was not sleeping, and could not perform the duties of his MOS.  His chain of command put him on extra duty; he was not sleeping again, and was humiliated.  He attempted suicide again and again until the division psychiatrist finally facilitated a medical evaluation to get him off the Korean peninsula.  

	d.  When he was sent to Brooke Army Medical Center, Fort Sam Houston, TX, his commander knew his wife in Korea was pregnant.  His commander told him that he had a responsibility to deal with his wife because she kept calling the Red Cross and filing reports.  She was doing this because she saw what he endured from his previous chain of command.  Her stress caused her to miscarry and the applicant became suicidal again.  At this point his commander expedited the medical review board (MRB), listed his home of record as South Korea on his orders, and had him sent back to the peninsula that messed him up so bad in the first place.  He states he was stuck there for years before he found a way out. 

	e.  He finally made it back to the States and applied for disability from the VA. He was awarded a 100% disability rating for bi-polar disorder.  After speaking with numerous counselors and friends, he now believes he should have been medically retired and at a much higher percentage of disability.  

3.  The applicant provides:

* a self-authored statement, dated 26 June 2014
* DD Forms 4 (Enlistment/Reenlistment Document Armed Forces of the United Stated) [and all allied documents/full enlistment packets], dated 
22 December 1997, 24 February 2000, and 25 February 2002
* DA Forms 4187 (Personnel Action), dated 29 September 1998 and 
24 September 1999
* Permanent Orders (PO) Number 0285-13, dated 11 October 2000
* DA Form 1059 (Service School Academic Evaluation Report), dated 
9 November 2000
* Orders Number 314-00451, dated 9 November 2000
* PO Number 022-00013, dated 22 January 2001
* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) for the rating period November 2000 to June 2001
* PO Number 049-801, dated 18 February 2004
* Orders Number 040-02, dated 9 February 2006
* Orders Number 060-0120, dated 1 March 2006
* DD Form 214 for the period ending 1 March 2006
* DD Form 215 (Correction to DD Form 214), dated 5 October 2009
* 185 pages of various medical records ranging in date from 18 December 1997 to 18 July 2006
* a letter from the VA, dated 8 December 2006
* VA Request for Physical Examination, undated 
* a letter from the National Personnel Records Center, dated 10 September 2009
* a letter from the VA, dated 30 September 2010


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 10 February 1998 and served through a series of reenlistments.  He held MOS 19K (M1 Armor Crewman) and attained the rank/grade of staff sergeant (SSG)/E-6.  All of the DD Forms 4 in his official military personnel file (OMPF) show his home of record (HOR) as Creve Coeur, IL.

3.  The numerous personnel records he provided and the personnel records in his OMPF show:  

	a.  He was assigned to B Company, 2nd Battalion, 63rd Armor Regiment, 1st Infantry Division, Vilseck, Germany from 14 June 1998 to 30 August 2000.  His records also indicate he was awarded the Kosovo Campaign Medal and the North Atlantic Treaty Organization Medal; as such it appears he deployed to Kosovo during this period.

	b.  He was assigned to 1st Squadron, 16th Cavalry Regiment, Fort Knox, KY  from on or around 1 September 2000 to on or around 30 June 2002.  During this period he was promoted to the rank/grade of sergeant (SGT)/E-5 effective 
9 November 2000.  Additionally, his NCOER for the rating period July 2001 through June 2002 shows he served as a tank commander, his rater rated him "Fully Capable," and his senior rater rated his overall performance as "2-Successful" and his Overall Potential as "2-Superior."

	c.  He was assigned to A Troop, 4th Squadron, 7th Cavalry Regiment, 2nd Infantry Division, Republic of Korea from 1 July 2002 to 25 October 2005.  During this period he received four NCOERs, which show he served as a tank gunner, gunner, or tank commander, and his rater(s) rated him as "Fully 

Capable" and "Among the Best" and his senior rater(s) rated his overall performance as "2-Successful" and "1-Successful" and his Overall Potential as 
"1-Superior."   Additionally, he was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 1 December 2003.

	d.  Orders Number 040-02, issued by Brooke Army Medical Center, Fort Sam Houston, TX, on 9 February 2006 show he was assigned to the Medical Holding Company with a report date of 10 February 2006.

4.  He provided 185 pages of military medical records that show:

	a.  In 1999 he was treated for a sore throat/trouble swallowing, a cut finger, and stomach issues.  There no evidence he was treated in a field medical hospital in Kosovo or that he received an injury to his heart.

	b.  In 2004 he was treated for an ingrown toenail on the third digit of his left foot and severe athlete's foot.

	c.  In 2005 (Korea):

		(1)  On 19 February 2005, he went to the hospital for emergency treatment of his right hand after punching a wall.  He had closed metacarpal fractures to his right hand that required percutaneous pinning and casting.  He had several orthopedic appointments and was treated for ongoing pain in his hand as his injury healed.  

		(2)  He was admitted to the hospital on 29 May 2005 and diagnosed with bi-polar disorder not otherwise specified (NOS).  His doctor prescribed 500 mg of Depakote twice a day and 0.5mg of Clonazepan every 6 hours as needed for anxiety.  His treatment for this condition appeared to have been ongoing and there were other entries in his records indicating his medication was modified and he was issued temporary profiles for this condition.

		(3)  On 18 August 2005, his psychiatrist recommended he be placed on convalescent leave for a period of 4 weeks because he was initiating a MEB for the applicant's bi-polar disorder and the applicant was in a tenuous position from a mental health perspective.  His psychiatrist felt that during this transition period it would be best for the discipline of the applicant's unit, and the applicant's mental health treatments, if he were placed on convalescent leave.  The psychiatrist further stated he hoped the transition period for the MEB, to include a medical evacuation, would take less than 4-6 weeks.  However, based on additional medical records, it appears the applicant's commander denied this request.  
5.  His record contains an undated Narrative Summary (NARSUM) prepared by his psychiatrist in Korea.  His psychiatrist noted:

	a.  The applicant performed basic combat and advanced individual training at Fort Knox, KY.  His MOS is 19K.  His first assignment was Vilseck, Germany, for 3 years, followed by Fort Knox, KY for 1.5 years.  The applicant has been stationed in Korea for the past three years.  The applicant stated he had one summary Article 15 with no nonjudicial punishment (NJP) or courts-martial.  His deployments included Bosnia, Macedonia, Bulgaria, Hungary, Kosovo, and Serbia. 

	b.  The applicant reported that his symptoms began in the summer of 2004 when he began experiencing panic attack symptoms on a weekly basis.  He noted that his initial symptoms consisted of chest pressure, difficulty swallowing, nervousness, racing heart, sweating, and sense of impending doom, which per the applicant was not associated with any specific trigger.  These episodes lasted anywhere from a few minutes to a half an hour.  Over the course of the subsequent 6 months, the episodes increased in frequency to multiple times a day.  During this time he had no interaction with the mental clinic.

		(1)  In late 2004 to early 2005, the applicant stated that he began to "emotionally fall apart" and felt he "couldn't handle even the smallest stressor."  During this time he was experiencing financial difficulties, relationship problems, and difficulty at work.  He also found out that his fiancé at the time was pregnant. It was during this time that he began experiencing manic symptoms to include not sleeping for periods of up to a week.  During these weeks without sleep he endorsed increased activity, racing thoughts, irritability, and grandiosity.  These weeks would be followed by a "crash period," during which time the applicant endorsed anhedonia, excessive sleep, decreased energy, difficulty concentrating, and suicidal ideation.  In January 2005, the applicant found out that his fiancé had an abortion.  The applicant stated he "went crazy," set his room on fire, assaulted his fiancé, and attempted suicide with a knife.  After this episode, he was referred to mental health for evaluation and treatment.  

		(2)  He was initially diagnosed with depression and panic attacks.  In June 2005, the applicant had a manic episode that resulted in him being admitted to the 121st General Hospital Inpatient Psychiatric Unit for a period of 7 days.   During this time he was diagnosed with bi-polar disorder NOS.  During August and September 2005, the applicant's condition worsened and he had another depressive episode as well as continuing to have significant difficulties at work resulting in disciplinary problems.  After multiple medication trials and disciplinary problems due to manic and depressive episodes, it was determined that the applicant should be referred for an MEB.
	b.  When the applicant appeared for his mental status exam he was mildly disheveled with some flattening of affect.  His speech was regular in rate and rhythm.  The applicant described his mood as "frustrated."  His thought processes were somewhat tangential.  He denied suicidal ideation or homicidal ideation.  There was no evidence of audio-visual hallucinations, illusions, delusions, or ideas of reference.  His insight was poor and his judgment was below average.

	c.  The applicant was diagnosed with:

		(1)  Axis 1:  296.5 bipolar I disorder.  His most recent episode depressed, with the onset in July 2004; manifested by symptoms of mania to include decreased need for sleep, increased activity, racing thoughts, irritability, and grandiosity; as well as symptoms of depression to include excessive sleep, anhedonia, decreased energy, difficulty concentrating, and suicidal ideations; stressors (moderate):  financial stressors, difficulty in occupation; relationship problems; line of duty (LOD):  yes; existed prior to service (EPTS):  no; impairment for military duty:  marked; impairment for social and industrial adaptability:  moderate.

		(2)  Axis IV:  Stressors as mentioned under Axis I

		(3)  Axis V:  Global Assessment of Functioning (GAF) (current):  50; highest in past 12 months:  60

	d.  The psychiatrist's assessment was the applicant had been exhibiting significant symptoms of bipolar I disorder which greatly impacted on his ability to function as a Soldier.  This condition was of such a severity to merit medical disqualification under Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-32 (Mood disorders).  His prognosis for complete recovery was poor and at the time he had utilized the available mental health resources without improvement and would not likely recover in his current unit environment.  He was, therefore, referred to the PEB for assessment and disposition.

	e.  His psychiatrist recommended an "S-3" permanent profile and referral to the PEB for disposition.  (The letter S in the Military Physical Profile Serial System refers to psychiatric conditions.)  He was considered competent for pay purposes and to handle his own financial affairs and should pursue treatment for bi-polar disorder at the VA medical facility closest to his home.

6.  His recorded contains a memorandum, issued by the Department of Psychiatry, Brooke Army Medical Center on 9 December 2005 which makes reference to his NARSUM and states:
	a.  The applicant began displaying symptoms consistent with bi-polar disorder in 2004 while stationed in Korea.  His treating psychiatrist at the time initiated the medical board process; the service member was then air-evacuated to Fort Sam Houston and attached to the medical holding company to complete the board process.  He received psychiatric follow-up at Community Behavioral Health Services (CBHS); he was seen at least every two weeks from 25 October through 9 December 2005.  At his initial CBHS appointment, his medications were:

* Depakote 500mg (2 times a day)
* Risperidal 1mg (2 times a day)
* Prozac 40mg (daily, each morning)
* Klonopin 0.5mg (3 times a day and as needed for anxiety)
* Trazodone 100mg (daily, each evening)

	b.  He reported compliance with this medication regimen; however, he continued to experience mood lability, panic attacks, auditory and visual hallucinations, and daytime fatigue.  There was no evidence of delusions, and he denied suicidality or homicidality.  A noncontrast magnetic resonance imaging (MRI) was obtained which showed no abnormal findings.  His Depakote level was 61.1 which demonstrated compliance with this medication.  Over the next several weeks, his medication regimen was modified to:

* Depakote (extended release) 1000mg (daily, each evening)
* Risperidal 2mg (daily, each evening)
* Prozac 40mg (daily, each morning)
* Klonopin 0.5mg (2 times a day and as needed for anxiety)

	c.  After these changes in his medication regimen, the applicant reported improvement in mood lability, anxiety, and daytime fatigue.  He also no 
longer endorsed auditory or visual hallucinations.  The applicant's symptoms had remained in remission for the past month.

	d.  A mental status exam on 9 December 2005 shows the general impression was the applicant was alert, oriented, and in no distress.  His behavior was cooperative in the interview and he maintained good eye contact, mild psychomotor retardation - his speech was at a slowed rate with normal volume and tone.  With respect to his mood, the applicant stated, "I feel like myself again."  His affect was mildly blunted, his thought process was linear, logical, and goal-directed, and his thought content indicated no delusions, no suicidality, and no homicidality.  His perceptions showed no evidence of internal stimuli, his insight was good, his impulse control was intact, and his judgment was good.

	e.  His diagnoses was Axis 1:  bipolar I disorder, most recent episode depressed, in full remission with medication.

	f.  His psychiatrist stated that his symptoms previously led to significant military and social impairment (see original NARSUM).  His symptoms had improved in the past month; however, he still required significant medication and close psychiatric follow-up.  He remained unfit for duty in accordance with Army Regulation 40-501, paragraph 3-32.  His degree of military impairment remained "marked" and his social and industrial adaptability was "definite."

7.  His record contains a DA Form 3947 (MEB Proceedings), showing he underwent an MEB at Brooke Army Medical Center, Fort Sam Houston on 29 December 2005.  After consideration of clinical records, laboratory findings, and physical examination, the MEB found that the applicant's diagnosis of bipolar I disorder, impairment for social and industrial adaptability described as "definite," was medically unfitting and referred him to a PEB.  The applicant agreed with the MEB's findings.  

8.  His record contains a DA Form 199 (PEB Proceedings), showing he underwent an PEB at Brooke Army Medical Center, Fort Sam Houston, TX on 8 February 2006.  This form shows:

	a.  The applicant's condition of bipolar I disorder was in remission.  He was hospitalized from 23 May 2005 to 2 June 2005 in Korea, air-evacuated from Korea, and followed as an outpatient at Fort Sam Houston since October 2005. He was re-hospitalized for approximately one week on 30 September 2005.  He required psychotropic medication.  His symptoms had remained in remission during the month prior to the psychiatry NARSUM dated 9 December 2005.  The applicant was currently performing various administrative duties assisting his platoon sergeant by working 4-8 hours per day depending upon the mission.  

	b.  In accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Appendix B-107, paragraph e, the applicant's impairment for social and industrial adaptability was more accurately described as "mild, not definite."

	c.  Based on a review of the objective medical evidence of record, the PEB found the applicant's medical and physical impairment prevented reasonable performance of duties required by grade and military specialty and recommended he be separated from active duty with a 10% disability rating and severance pay. The applicant concurred with the PEB's findings and waived his right to a formal hearing.  

9.  On 14 February 2006, the U.S. Army Physical Disability Agency (USAPDA) approved the PEB on behalf of the Secretary of the Army.

10.  Orders Number 060-0102, issued by Headquarters, U.S. Army Medical Center and School, Fort Sam Houston, TX dated 1 March 2006 shows the applicant was medically separated with a 10% disability and severance pay effective the same date.  His HOR and address were not listed on these orders.

11.  His DD Form 214 shows he was honorably released from active duty, on 1 March 2006, by reason of disability with severance pay.  His HOR was listed as Creve Coeur, IL, his nearest living relative was listed as residing in Normal, IL, and his mailing address after separation was listed as Seoul Kwangin, Korea.

12.  During the processing of this case an advisory opinion was obtained from the USAPDA on 28 October 2014.  The advisory official stated:  

	a.  The applicant's MEB was completed on 29 December 2005.  It contained only one listed medical condition:  bipolar I disorder.  The contents of the MEB noted that the applicant's present industrial impairment was classified as moderate.  However, updated entries indicated that the applicant's "symptoms have remained in remission for the past month."  He was noted to be working between 4 and 8 hours daily on office administrative tasks, but the command felt he was not reliable enough to continue to perform the duties of a tank commander.  The applicant concurred with the MEB findings on 4 January 2006.

	b.  On 9 January 2006, the PEB returned the case to the MEB for clarification on the status of the applicant's industrial impairment since additional information indicated his condition was in full remission with medications.  An e-mail from a psychiatrist clarified the applicant's condition as not needing frequent hospitalizations, does display signs and symptoms of mental illness on exam-mild anxiety and low frustration tolerance, and requires daily medications to manage his symptoms which are adequately controlling his mood symptoms, but have some physical side effects.  The applicant concurred with these additional findings on January 30, 2006.

	c.  On 6 February 2006, an informal PEB found the applicant unfit for bipolar I disorder and rated the applicant at 10%; separate with severance pay.  The PEB rated the Soldier based on occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress or symptoms controlled by continuous medications.  This was based on the applicant's ability to still perform meaningful administrative work in an office setting and on his recent remission and good control of symptoms on daily medications.  The applicant concurred with the PEB findings and waived his right to a formal hearing.

	d.  The applicant's sole claim of error is that the VA subsequently rated him at 100% percent for this same condition.  The case file only contains a VA document that indicates the applicant filed a VA claim for benefits shortly after separating from the military, but it contains no VA documents relating to any rating by the VA.  The applicant has provided no new medical evidence relating to the time that he was in the military to support his allegations of error.

	e.  The PEB findings are supported by a preponderance of evidence, were not arbitrary or capricious, and were not in violation of any statute, directive or regulation.  Recommend denial of the applicant's petition for correction of his military records.

13.  The applicant did not respond to the advisory opinion.

14.  Army Regulation 635-40 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 states there is no legal requirement in arriving at the rated degree of incapacity to rate a physical condition which is not in itself considered disqualifying for military service when a Soldier is found unfit because of another condition that is disqualifying.  Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability.  

15.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the Veterans Affairs Schedule for Rating Disabilities (VASRD).  Ratings can range from 0 percent to 100 percent, rising in increments of 10 percent.

16.  Army Regulation 635-40, Appendix B (Army Application of the VASRD), in effect at the time, states in paragraph B-107e (Mental disorders) that the VASRD uses specific terms to classify the level of social and industrial impairment.  

	a.  Paragraph B-107e(1) states total impairment is rated at 100%.  Individuals with total impairment are usually mentally incompetent to handle financial affairs and to participate in PEB proceedings; are usually hospitalized, rarely in care of next-of-kin or guardian; actively psychotic, totally out of contact with reality; require constant supervision and care; have a significant potential to be harmful to self or others; are unemployable; and are incapable of any social, adjustment.

	b.  Paragraph B-107e(4) states "definite" impairment is rated at 30%.  Individuals with definite impairment do not require hospitalization; display some signs or symptoms of mental illness on examination; usually require medication and or psychotherapy; usually there is job instability; and borderline social adjustment. 

	c.  Paragraph B-107e(5) states "mild" impairment is rated at 10%.  Individuals with mild impairment display minimal signs or symptoms with probing; may require medication or psychotherapy, especially during times of stress; have adequate job adjustment; and have adequate social adjustment.

17.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30%.  Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30%.

18.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active 
military service.  However, an award of a higher VA rating does not establish an error or injustice in the Army rating.  The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service.  The Army disability rating is to compensate the individual for the loss of a military career.  The VA does not have authority or responsibility for determining physical fitness for military service.  The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability.  Unlike the Army, 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.  On 2 June 2006, an informal PEB convened and adjudicated the applicant's behavioral health condition as unfitting with a disability rating of 10% percent.  It is presumed that the PEB considered all the medical evidence provided and available at the time it convened, to include clinic notes, testing and evaluation, and medical correspondence.  It is important to recognize that the PEB determines fitness and disability based on the information at hand.  

2.  There is no evidence provided by the applicant to support his claim of PTSD.  Bipolar disorder is the only behavioral health diagnosis observed during his military service.

3.  His contention that his adjudicated PEB rating and separation category should be changed is based on the VA disability rating of 100% for his medical condition.  However, granting his request for this reason would be inappropriate for two reasons.  First, he did not provide any evidence to show the VA rated him at 100% or that he was diagnosed with PTSD.  Secondly, the PEB does not compensate service members for anticipated future severity or potential complications of conditions that occur after medical separation.  

4.  An award of a different rating by another agency does not establish error in the rating assigned by the Army's PDES.  Operating under different laws and their own policies the VA does not have the authority or the responsibility for determining medical unfitness for military service.  The VA may award ratings because a medical condition is related to service (service-connected) and affects the individual's civilian employability.  

5.  His physical disability evaluation was conducted in accordance with law and regulations and he concurred with the recommendation of the PEB.  After an administrative review and before separation, the PEB was approved on behalf of the Secretary of the Army.  There does not appear to be an error or an injustice in his case.  He has not submitted substantiating evidence or an argument that would show an error or injustice occurred in the processing of his medical separation.  In view of the facts and circumstances in this case, there is insufficient evidence upon which to grant the 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 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)                                         AR20140011668



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ABCMR Record of Proceedings (cont)                                         AR20140011668



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