IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150010797 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x ____ ___x____ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150010797 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 3 November 2016 DOCKET NUMBER: AR20150010797 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 to show he was separated by reason of disability (traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD). 2. The applicant states he was involved in an explosion in Iraq on 17 January 2008. He currently receives Department of Veterans Affairs (VA) compensation for TBI (including concussion) at 40 percent and PTSD at 30 percent. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * VA rating decision, dated 31 January 2015 * DA Form 2173 (Statement of Medical Examination and Duty Status) * Selected service medical treatment records * Multiple sworn statements * Photographs of an explosion CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Army Reserve (USAR) for 8 years on 13 August 2004. He agreed to serve for 6 years in a Reserve unit and the remainder in the Individual Ready Reserve (IRR). He held military occupational specialty 21C (Bridge Crewmember). 2. He entered active duty on 22 May 2007 and subsequently served in Kuwait/Iraq from 14 August 2007 to 17 May 2008. 3. He was honorably released from active duty on 10 June 2008 in accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) by reason of completion of his required active service. 4. His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), shows, in part, award of the Purple Heart and Combat Action Badge. 5. On 1 May 2009, following completion of a periodic health assessment, he was issued a DA Form 3349 (Physical Profile) for a history of skin cancer. 6. On 2 September 2009, following review by the Command Surgeon, he was issued another physical profile for skin cancer. The profiling officer indicated that the applicant met retention standards of AR 40-501 (Standards of Medical Fitness) and was required follow up with dermatology every 3 months. 7. He was released from his assignment to a troop program unit on 7 November 2010 and he was later reassigned to the USAR Control Group (Reinforcement) to complete his remaining service obligations. 8. He was honorably discharged from the USAR on 14 August 2012 after having completed his military service obligation. 9. He provides: a. A DA Form 2173, dated 19 May 2008, that shows he was involved in an improvised explosive device (IED) blast. During demobilization, he reported he had intermittent headaches. He also provides several photographs of the blast. b. A VA rating decision, dated 31 March 2015, that awarded him service-connected disability compensation for TBI to include concussion at the rate of 40 percent and PTSD at the rate of 30 percent. c. Selected service medical treatment records as well as multiple sworn statements related to the IED explosion. 10. The Board forwarded the applicant's documents to the Army Review Boards Agency psychiatrist for review. The psychiatrist referenced the Diagnostic and Statistical Manual of Mental Disorders-5th Edition; AR 40-501, with revisions, dated 4 August 2011; and AR 635-200, dated 6 September 2006. The psychiatrist stated: a. The applicant served in the Army in the MOS 21C10-Bridge Crewmember. While in the Army, he deployed to Iraq from 14 Aug 2007 to 17 May 2008. He was discharged honorably from the Army in accordance with AR 635-200, chapter 4, on 10 June 2008. On 10 June 2015, he requested that the ABCMR amend his record to reflect the fact he was in an explosion in Iraq and suffered a concussion. He is also requesting full administrative relief. He provides documentation indicating that he is currently 40 percent service connected by the VA for TBI and 30 percent service connected for PTSD. b. According to the documents supplied by him, he was in an IED explosion which occurred on 17 January 2008 while in Iraq while riding in a Husky Vehicle Mounted Mine Detector. After the explosion, he was taken to Forward Operating Base (FOB) Warhorse Combat Support Hospital where he was examined by military medical personnel. At the time of this evaluation, the Military Acute Concussion Evaluation (MACE) was administered to him and he scored a 27/30. He was diagnosed with Concussion without Loss of Consciousness. He was restricted from duty for 3 days. On 20 January 2008, he was medically reevaluated and released back to duty. At the time of his release back to duty, he was still experiencing a mild but slowly improving headache. A Statement of Medical Examination and Duty Status (DA Form 2173), dated 19 May 2008, indicates that he was in an IED blast exposure in Jan 2008. In paragraph 11–Medical Opinion, the following is documented: 1) Individual was not under the influence of alcohol [at the time of the accident]. 2)His injury is likely to result in a claim against the Government for future medical care. 3) His injury was incurred in the line of duty. c. The Army Review Boards Agency psychiatrist was asked to determine if the applicant’s TBI and PTSD diagnoses warranted separation through medical channels. The military electronic medical record (AHLTA) was reviewed. The military electronic medical record contains no documentation of him being treated by the military for TBI or PTSD. The only medical notes documenting treatment of his TBI are the ones he provided in his application packet: a DA Form 2173, a copy of the completed Military Acute Concussion Evaluation (MACE), and a Medical Progress Note dated 20 Jan 2008, which is discussed above. d. Based on a review of available information, it is clear that he was involved in an IED explosion while in Iraq in January 2008 which resulted in a mild concussion. There is no documentation in his military medical record of the applicant requiring further treatment for his TBI after leaving Iraq. There is also no documentation in his military medical record of any PTSD symptoms. Based on review of his records, it is clear that he met medical retention standards in accordance with chapter 3 of AR 40-501. The applicant’s medical conditions were duly considered during medical separation processing. A review of the available documentation found no evidence of a medical disability or condition which would warrant separation through medical channels. 11. The applicant was provided a copy of this advisory opinion to give him an opportunity to submit a rebuttal and/or comments. He did not respond. REFERENCES: 1. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army disability system 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 office, grade, rank, or rating. Only the unfitting conditions or defects and those that contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-1 states the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating. b. Paragraph 3-4 states that under the laws governing the Army disability system, Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: * the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training * the disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence 2. Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for disabilities that were incurred in or aggravated by active military service. However, an award of a higher VA rating does not establish error or injustice on the part of the Army. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The VA does not have the authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. These two government agencies operate under different policies. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. DISCUSSION: 1. The applicant enlisted in the USAR on 13 August 2004 and he was honorably discharged on 14 August 2012. He was mobilized and served on active duty from 22 May 2007 to 10 June 2008. During which he served in Kuwait/Iraq from 14 August 2007 to 17 May 2008. During his deployment, he was involved in an IED explosion on 17 January 2008. a. He was examined by military medical personnel at a FOB in Iraq and he was administrated a MACE evaluation that yielded a diagnosis of a concussion without the loss of consciousness. He was initially restricted from duty for 3 days, reevaluated, and released back to duty. At the time of his release back to duty, he was still experiencing mild but slowly improving headaches. He provides a DA Form 2173 that shows he exposed to an IED blast in January 2008. b. His military medical records contain no documentation of him being treated by the military for TBI or PTSD. The only medical notes documenting treatment of his TBI are the ones he provided (the DA Form 2173, the MACE evaluation, and a progress note). He also provides his VA rating decision. c. There is no documentation in his military medical record of the applicant requiring further treatment for his TBI after leaving Iraq. There is also no documentation in his military medical record of any PTSD symptoms. d. A disability rating assigned by the Army is based on the level of disability at the time of the Soldier's separation and can only be established through the disability system. There is no evidence in the available records and the applicant provides insufficient evidence to show the conditions of PTSD and TBI were diagnosed in 2008, failed retention standards, and/or were found unfitting. A key element of the Army disability system is the Soldier's condition at the time of separation. It is not intended to be a prediction of future medical ailments. 3. He was awarded VA service-connected disability compensation for the contested conditions. However, an award of a different rating by another agency does not establish error in the rating assigned by the Army's disability system. Operating under different laws and their own policies, the VA does not have the authority or the responsibility for determining medical unfitness for military service. The VA may award ratings because of a medical condition related to service (service-connected) that affects the individual's civilian employability. 4. Based on review of his available records, it is clear that he met medical retention standards in accordance with chapter 3 of AR 40-501. A review of the available documentation found no evidence of a medical disability or condition, which would warrant separation through medical channels. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010797 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010797 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2