MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 November 2001                   
	DOCKET NUMBER:   AR2001060429

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Regan K. Smith		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 the narrative reason for his separation be changed to disability.

APPLICANT STATES:  That he collects Department of Veterans Affairs (VA) disability for the same medical conditions which resulted in his separation.  He provides his VA rating decision as supporting evidence.

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

He enlisted in the Regular Army on 25 March 1999, for training in military occupational specialty 98XL (Electronic Warfare/Signal Intelligence Specialist/Linguist).

On 27 April 2000, a mental status evaluation diagnosed the applicant with adjustment disorder with mixed emotions, chronic, representing a severe response to stress.

On 19 June 2000, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, paragraph 5-18, Other Designated Physical or Mental Condition.  He cited the applicant’s diagnosis of post traumatic stress disorder (PTSD) which interfered with the performance of his military duties.  The applicant acknowledged that he was being separated under the provisions of Army Regulation 635-200, paragraph 5-18. 

On 23 June 2000, the battalion–level commander recommended approval of the proposed separation.  The approval is not available. 

On 21 July 2000, the applicant was discharged, with an honorable characterization of service, in pay grade E-3, under the provisions of Army Regulation 635-200, paragraph 5-18, Physical Condition, Not a Disability.  He had completed 1 year, 3 months, and 27 days of creditable active service.

On 24 March 2001, the VA awarded the applicant disability compensation for residuals, status post right knee trauma (10 percent) and major depression with anxiety features (claimed as adjustment disorder/PTSD) (30 percent).

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-18 sets the policy and prescribes procedures for separating members on the basis of other physical or mental conditions not amounting to a disability that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to, chronic airsickness or seasickness, sleepwalking, claustrophobia, and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the soldier’s ability to effectively perform military duties is significantly impaired.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  Medical evaluation boards 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 qualification for retention based on the criteria in Army Regulation 40-501.

Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  Chapter 3 gives the various medical conditions and physical defects which may render a soldier unfit for retention in the military.  Paragraph 3-36 states that transient, situational maladjustments due to acute or special stress do not render an individual unfit because of physical disability but may be the basis for administrative separation if recurrent and causing interference with military duty. 

The Diagnostic and Statistical Manual of Mental Disorders, 4th edition (DSM-IV) states that Adjustment Disorder, PTSD, and Acute Stress Disorder all require the presence of a psychosocial stressor.  The differences are that PTSD and Acute Stress Disorder are characterized by the presence of an extreme stressor; Adjustment Disorder can be triggered by a stressor of any severity.

Title 38, U. S. 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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.  Despite the applicant’s commander stating on the recommendation for separation that the applicant had PTSD, the 27 April 2000 mental status evaluation diagnosed the applicant with adjustment disorder with mixed emotions, chronic, representing a severe response to stress.  In accordance with Army Regulation 40-501, such a condition does not render an individual unfit because of physical disability but may be the basis for administrative separation.
Therefore, the narrative reason for separation was and still is appropriate.

3.  The rating action by the VA does not necessarily demonstrate an error or injustice on the part of the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  Consequently, due to the two concepts involved, an individual’s medical condition may not be considered to be a physical disability by the Army and yet be rated by the VA as a disability. 

4.  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

__jlp___  __mhm___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060429	
SUFFIX		
RECON		
DATE BOARDED	20011120	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.