IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150000225 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150000225 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by referring his records to an MEB for review. If an MEB determines he had a condition that did not meet retention standards, he will be afforded all rights and processes he would have received under the Disability Evaluation System. 2. If it is determined that the applicant should have been separated or retired for disability, this memorandum serves as the authority to revoke his administrative discharge and issue the appropriate documents separating him or retiring him, as applicable. 3. If it is determined that there was no basis for referring the applicant to an MEB, the Board recommends that this case be returned to the Army Board for Correction of Military Records for further review. 4. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of relief in excess of that described above. _____________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. IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20150000225 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, in effect, correction of his military records by showing he was considered by a medical board while on active duty. 2. The applicant states his medical records should be reviewed. 3. The applicant provides copies of: * A Department of Veterans Affairs (VA) Rating Decision and Payment Summary, dated 2 October 2014 (6 pages) * A VA Confidential Medication Reconciliation Summary, dated 23 July 2015 (2 pages) 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. On 28 July 2011, the applicant, with prior active and inactive military service, enlisted in the Regular Army beginning in the rank of specialist, pay grade E-4. He held military occupational specialty 74D (Chemical Operations Specialist). 3. On 23 June 2014, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 9, due to alcohol rehabilitation failure. His DD Form 214 shows: a. he served in Iraq for 8 months; b. his characterization of service is under honorable conditions (general); c. his Separation Program Designator (SPD) code is JPD; and d. his Reentry (RE) Code is 4. 4. In the processing of this case, an advisory opinion was obtained from a staff clinical psychologist. Based on the following review of the applicant’s military records and subsequent VA medical evaluation, the opinion stated: a. The applicant served on active duty for about 3 years and was discharged as a result of failing alcohol rehabilitation. b. The applicant alleged he should have been medically retired from the U.S. Army. He based his contention on the VA rating him at 50 percent disabled due to having post-traumatic stress disorder (PTSD) and depression effective 24 June 2014. c. The psychologist determined that the applicant’s record reasonably supported his having, at the time of his discharge, PTSD, adjustment disorder, and alcohol dependence. There was no evidence showing he underwent any behavioral health care prior to his one year deployment to Iraq, to include no treatment for substance use disorders or other behavioral health conditions. d. The psychologist further stated that it is common to see individuals with PTSD to also develop drinking problems. The VA determination to grant the applicant service-connected disability compensation effective 1 day after military service makes it likely he would have failed medical retention standards, thereby warranting disposition via medical channels. REFERENCES: 1. Army Regulation (AR) 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. 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. A Medical Evaluation Board (MEB) determines if a Soldier’s medical condition meets retention standards. If a condition is found not to meet retention standards, the MEB refers the Soldier to a PEB, which determines if the Soldier is unfit to perform his or her duties due to a medical condition. 2. 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 VASRD. The VASRD, section 4.129, provides information regarding mental disorders due to traumatic stress. Specifically, it states that when a mental disorder that develops in service as a result of a highly-stressful event is severe enough to bring about the veteran’s release from active military service, the rating agency shall assign an evaluation of not less than 50 percent and schedule an examination within the six-month period following the veteran’s discharge to determine whether a change in evaluation is warranted. DISCUSSION: The VA evaluated the applicant and determined that he suffered from PTSD, rated at 50 percent disabling effective from the time of his discharge. While a VA rating does not necessarily equate to unfitness for military service and while there is no evidence of treatment for or complaints of a behavioral health condition during his military service, the advising staff psychologist indicates it was likely that he had a condition that failed retention standards. This would be a basis for submitting his records to the appropriate authorities for review. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150000225 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150000225 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2