MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 July 2000
	DOCKET NUMBER:   AR1999026848

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler 		Chairperson	
	Mr. Ernest M. Willcher 		Member	
	Mr. John P. Infante 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his Honorable Discharge (HD), issued by reason of sufficient service for retirement, be changed to one issued for physical disability retirement purposes, and that he be retroactively awarded disability compensation.

APPLICANT STATES:  That he was treated at Bethesda Naval Hospital for post-traumatic stress disorder (PTSD) and severe depression after a major breakdown in 1995; that he should have been referred to a physical evaluation board (PEB), but was not because the medical personnel handling his case were not aware of pertinent regulations for physical disability processing; that he has been rated 100 percent disabled through the Department of Veterans Affairs (VA) and the Social Security Administration.

COUNSEL CONTENDS:  As stated in the initial application.

EVIDENCE OF RECORD:  The applicant's military records show:

He was a major in the US Army Reserve (USAR).  With 1 year, 1 month, and 19 days of prior active service, he was ordered to active duty in the Active Guard Reserve (AGR) program.  He served on continuous active duty from 7 October 1980 to 31 May 1996.

In late 1995, the applicant applied for separation under the Fiscal Year 1996 Voluntary Early Retirement Program (VERP).  On 16 October 1995, his request was approved by the Full-time Support Management Center, Office of The Chief of Army Reserve, St. Louis, Missouri.  He retired on 31 May 1996 in the rank of major (O-4) with 16 years, 9 months, and 13 days of active federal service.

During the 1988-1989 time frame, military doctors variously diagnosed the applicant with an adjustment disorder or an acute stress disorder.  A civilian doctor diagnosed him as suffering from PTSD.  On two SF 93 – Report of Medical History, dated October 1988 and August 1992, the applicant listed his health as “good” and did not indicate any past psychologic or psychiatric illness history.

In 1995, the applicant was treated at the National Naval Medical Center (NNMC), Bethesda, Maryland and diagnosed as having a major depressive disorder.  According to notes of treating personnel, the applicant continued to function well with treatment/therapy.

Title 10, United States 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 disability incurred while entitled to basic pay.

Army Regulation 40-501, Standards of Medical Fitness, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

Title 38, United States Code, sections 310 and 331, permits 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.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

Post-traumatic Stress Disorder is classified as an anxiety disorder by the Diagnostic and Statistical Manual of Mental Disorders, 4th edition, (DSM-IV), 1994.  Army Regulation 40-501 also states, in pertinent part, that the causes for referral of an anxiety disorder to the medical evaluation process are “persistence or recurrence of symptoms sufficient to require extended or recurrent hospitalization, necessity for limitations of duty or duty in protected environment or resulting in interference with effective military performance.”

In the processing of this case, an advisory opinion was obtained from the Army Review Boards Agency (ARBA) medical advisor which states that there is no medical reason to change the applicant’s discharge.  The applicant was offered the opportunity to review and rebut the advisory opinion and did so.  The Board noted that no new argument or evidence was presented.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant was diagnosed with an anxiety disorder and treated for it.  He continued to function and to perform the duties of his office, grade, and rank.  As such, there was no need to refer him to the physical evaluation process for possible disability separation.

3.  The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.  Neither the applicant nor counsel has submitted any probative medical evidence to the contrary.  His continued performance of duty raised a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness or injury concomitant with his separation.

4.  The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.  The VA, operating under its own policies and regulations, may make a determination that a medical condition warrants compensation.  The VA is not required to determine fitness for duty at the time of separation.  The Army must find a member physically unfit before he can be medically retired or separated.

5.  The advisory opinion from the ARBA medical advisor recommends that the applicant’s request be denied.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  __               ____         GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf___  __emw___  __jpi____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999026848	
SUFFIX		
RECON		
DATE BOARDED	20000706	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960531	
DISCHARGE AUTHORITY	AR 600-8-24	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	108.0400	
2.		
3.		
4.		
5.		
6.