BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140011759 


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 that a DA Form 3349 (Physical Profile) dated 15 August 2008 be removed from his record.  

2.  He states a permanent profile is contained in his record in the integrated Personnel Electronic Records Management System (iPERMS).  In 2003, he was seen for heart palpitations, and he was sent to be checked for anxiety to rule that out as a cause for the palpitations.  Everything was fine.  He was never diagnosed by the Army or a civilian provider with anxiety.  In 2009, he saw a civilian doctor for about 10 minutes as part of his periodic health assessment (PHA), and he mentioned the problem he had in 2003.  The civilian doctor recorded it in his PHA and initiated a permanent profile for anxiety.  He was not aware the profile existed in his records, and it almost prevented his deployment to Afghanistan in 2010.  In 2012, he corrected the issue through the 63rd Regional Support Command (RSC) and he now has a physical profile serial of "111111"; however, the earlier profile is still in his iPERMS record.    

3.  He provides:

* DA Forms 3349
* DD Form 2807-1 (Report of Medical History)
* DD Form 2808 (Report of Medical Examination)
* laboratory reports
* Occupational Health Service Audiology Form
* memorandum, subject:  Results of Retention Physical Examination

CONSIDERATION OF EVIDENCE:

1.  On 31 May 2005, after completing a period of Regular Army service, the applicant was transferred to the U.S. Army Reserve (USAR).  He has served in the USAR since that date.  

2.  His Official Military Personnel File (OMPF) maintained in iPERMS includes the following documents:

	a.  A DA Form 2807-1, dated 10 July 2008, shows he underwent a retention medical examination.  For item 17e (Received counseling of any type), he marked "yes."  In item 29 (Explanation of "Yes" Answer(s)), he explained his response to item 17e by stating, "Due to palpatations [sic], physician thought I was stressed/anxiety and sent to mental health."  

	b.  A DD Form 2808, dated 10 July 2008, shows he was found qualified for service pending review by command authority.  The form shows that on 
15 August 2008 he was assigned a rating of "2" for physical profile rating factor "S" (Psychiatric).  Item 76 (Significant or Disqualifying Defects) shows a diagnosis of anxiety.  

	c.  A DA Form 3349, dated 15 August 2008, shows he was given a permanent physical profile rating of "2" for physical profile rating factor "S."  He was rated as "1" for the five other rating factors.  

	d.  A memorandum, subject:  Results of Retention Physical Examination, dated 19 August 2008, shows he was found physically fit for retention and that the results of the examination required the command surgeon's review or appropriate action.  The memorandum noted, in part, that the applicant's heart palpitations might need further evaluation.  

	e.  A DA Form 3349, dated 17 August 2012, shows he was given physical profile serial ratings of "1" for all rating factors.  Item 8 (Functional Limitations and Capabilities and Other Comments) contains the following statement – 

Active PULHES: 111112 (Last Issued:  20111214).  This [is] a DOWNGRADE of S2 to S1 for anxiety.  [Department of Veterans Affairs] behavioral health provider treating [service member] states 20120410:  has no psychiatric complaints or observable symptoms.  He is rendered to have no psychiatric issues, including anxiety or any psychiatric diagnoses.  Internal Medicine note 20120810 states SM has no functional capacity limitations and has no medical diagnosis.  There is sufficient evidence to support a downgrade to a S1.  There is insufficient support for limitations in block 5.  If the Soldier feels this physical profile is too restrictive, if the condition(s) worsens, or if the command feels that a more restrictive profile is required, additional documentation can be submitted to the profiling authority in the Soldier's chain of command to the 63D RSC Surgeon's Office.

3.  Army Regulation 600-8-104 (Military Personnel (MILPER) Information Management/Records) prescribes the policies and mandated operating tasks for the MILPER Information Management/Records Program of the MILPER System.  It states that once placed in the OMPF, a document becomes a permanent part of that file.  The document will not be removed from the OMPF or moved to another part of the OMPF unless directed by competent authority.  

4.  The Army Soldier Records Branch, U.S. Army Human Resources Command, maintains a list of documents required to be filed in iPERMS.  Documents that will be filed include the DA Form 3349.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request to remove a DA Form 3349 dated 15 August 2008 from his record.  

2.  The DA Form 3349 in question is part of the applicant's medical history and should remain in the record.  Although the information on the DA Form 3349 in question has been superseded by a more recent physical profile, there is no evidence indicating the form reflects anything other than a proper medical opinion that was based on the medical evidence available when the form was created, and there is no evidence indicating it was improperly filed.  Therefore, there is no basis for removing it from his record.

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)                                         AR20140011759





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ABCMR Record of Proceedings (cont)                                         AR20140011759



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