IN THE CASE OF: BOARD DATE: 14 September 2010 DOCKET NUMBER: AR20100008449 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 military records to show the narrative reason for separation as medical disability. He also requests that he be retired due to physical disability. 2. The applicant states, in effect, that while on active duty in Iraq, he was thrown from a container into the air approximately 20 feet. He injured his left wrist, left knee, back and head and he was medically transported to the Combat Support Hospital for treatment. He continued to seek medical treatment in Iraq. Upon his return to the United States he believed he was suffering from post traumatic stress disorder (PTSD). He was experiencing problems with his memory, cognitive function, and his physical injuries. Therefore, he requested to be processed through a medical evaluation board (MEB) and his command denied his request multiple times. He was assigned light duty at a local elementary school where he worked in an out-reach program with children, rather than performing traditional military duty. He believes medical personnel were negligent by denying his request for an MEB prior to discharge. He is currently rated by the Department of Veterans Affairs (VA) at 80 percent disabled. 3. The applicant provides, in support of his application, copies of a 10-page summary of the case; his DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 2808 (Report of Medical Examination), dated 16 October 2002 with supporting documents; orders promoting him to sergeant, dated 22 July 2005; Certificate for the Commandant's List for the Primary Leadership Development Course, dated 1 September 2005; Certificate for award of the Army Commendation Medal, dated 30 May 2006; VA Rating Decision, dated 25 April 2009; three letters of support from his girlfriend and two Army buddies; letter from an occupational therapist, dated 16 March 2009; VA medical records; the applicant's letter to the VA, dated 13 October 2009; a memorandum concerning an investigation of allegations that the Evans Army Community Hospital was pressured to render an inaccurate diagnosis, dated 28 July 2008; a 16-page document titled "Facts for Physicians" describing mild traumatic brain injury; and a letter from a licensed psychologist, dated 7 June 2010. CONSIDERATION OF EVIDENCE: 1. On or about 24 October 2002, the applicant enlisted in the U.S. Army Reserve. He completed initial training and was awarded military occupational specialty 88M (Motor Transport Operator). 2. On 5 April 2004, the applicant enlisted in the Regular Army. He was subsequently assigned to the 155th Transportation Company, located at Fort Eustis, Virginia. 3. The applicant served in Iraq from on or about 26 October 2005 to 15 October 2006 and returned to Fort Eustis. 4. On 4 April 2007, the applicant was honorably released from active duty due to completion of required active duty service. He had attained the rank of sergeant, pay grade E-5, and completed 3 years of creditable active service. He was assigned a reentry code of 1, indicating that he was fully qualified for reenlistment. 5. The applicant’s service medical records, to include his separation physical are not available for review. 6. There is no evidence available to support that the applicant suffered an injury while on active duty that caused him to become physically disabled or that he had an injury or an illness that required processing through an MEB. 7. The VA Rating Decision dated 25 April 2009, provided by the applicant, indicates he was granted an overall disability rating of 80 percent. However, the VA "Statement of the Case" which provided a detailed explanation of the VA rating decision was not provided. 8. 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. 9. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has an impairment rated at less than 30-percent disabling. It further provides at section 1201 for the physical disability retirement of a member who has an impairment rated at least 30-percent disabling. 10. Title 38, U.S. Code, sections 310 and 331, permit 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 physically unfit 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 AND CONCLUSIONS: 1. The applicant contends his military records should be corrected to show his narrative reason for separation is medical disability. He also requests that he be retired due to a physical disability. All of the applicant's evidence has been carefully considered. 2. There is no documentary evidence showing the applicant was injured while on active duty, or that any such injury was found to be in the line of duty, or that it resulted in the applicant becoming physically disabled. 3. There is no documentary evidence showing the applicant requested an MEB or that he was unjustly denied such evaluation. The applicant's service medical records, to include his separation medical examination, are not available for review. 4. The applicant served on active duty 3 years. His DD Form 214 indicates that at the time of his release from active duty, he was fully eligible for reenlistment without any waivers. There is no available evidence showing that he had incurred any medical conditions while entitled to basic pay which was so severe as to render the applicant medically unfit for retention on active duty. Accordingly, the applicant was separated from active duty for reasons other than physical disability. 5. An award of a VA rating does not establish entitlement to medical retirement or separation from the Army. Operating under its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings because a medical condition is related to service (service connected) and affects the individual's civilian employability and/or social functioning. Furthermore, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. 6. In view of the above, the applicant's request should be denied. 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) AR20100008449 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100008449 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1