BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20150019219 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 BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20150019219 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. BOARD DATE: 8 August 2017 DOCKET NUMBER: AR20150019219 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 her honorable discharge be changed to a medical discharge. 2. The applicant states she was given an honorable discharge instead of a medical discharge. She is not sure why the type of discharge was changed but she went through the medical discharge process for more than 3 years to make sure it would be "medical" and not just "honorable." She is collecting disability compensation because she sustained an injury while she was attending basic training in an active duty status. Her school loan repayment has been taken away from her because her status says "honorable" instead of "medical." She reiterates that she went through the medical process to receive a medical discharge and to ensure continued repayment of her school loans. 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Defense Finance and Accounting Service (DFAS) Form 702 (DFAS Military Leave and Earnings Statement) * Memorandum, Subject: Line of Duty Determination ([Applicant]) * two DA Forms 2173 (Statement of Medical Examination and Duty Status) * Medical Evaluation Board Tracking Office Request Form * Orders Number 1319009 ordering her to initial active duty for training * DA Form 4187 (Personnel Action) * DA Form 2A (Personnel Qualification Record (Enlisted)) * AHRC Form 249-E (Chronological Statement of Retirement Points) * DA Form 3947 (Medical Evaluation Proceedings) with Narrative Summary * DA Form 3349 (Physical Profile) * Brochure on the Ombudsman Program, Eisenhower Army Medical Center, Fort Gordon, GA * Department of Veterans Affairs (VA) Form 21-0819 (VA/Department of Defense (DOD) Joint Disability Evaluation Board Claim) * Periodic Health Assessment (U.S. Army Reserve and Army National Guard) * DA Form 7652 (Physical Disability Evaluation System (PDES) Commander's Performance and Functional Statement) * Order Number D 078-14 discharging her from the U.S. Army Reserve * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) * General Medical – Separation Health Assessment 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. The applicant enlisted in the U.S. Army Reserve on 12 July 2011. In conjunction with her enlistment, she completed a Student Loan Repayment Program Addendum. She acknowledged that she was contracting for completion of initial active duty for training and qualification in military occupational specialty (MOS) 12W (Carpentry and Masonry), which Headquarters, Department of the Army, had approved for a maximum of $30,000 in student loan repayments. She also acknowledged that she was contracting for an initial Selected Reserve term of service of at least 6 years and a statutory military service obligation of 8 years. 3. Orders Number 1319009 issued on 26 October 2011 by the Military Entrance Processing Station, Milwaukee, WI, ordered her to initial active duty for training with a reporting date of 15 November 2011. These orders show she was scheduled to report to basic training at Fort Jackson, SC, on 15 November 2011 and advanced individual training at Gulfport Naval Station, MS, on 21 February 2012. 4. The Army honorably released her from active duty training on 10 April 2012 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4, by reason of completion of required active service and transferred her to a Reserve unit. She completed 4 months and 26 days of active service. 5. The applicant provided a DA Form 2173, dated 25 February 2014, showing she injured her right lower extremity on 12 February 2012 while running during initial entry training resulting in patellar tendonitis and left ankle pain. This form states the applicant's knee injury was incurred in the line of duty. On 26 February 2014, her line of duty determination was approved. 6. On 7 July 2014, the applicant signed a statement indicating she had received her initial counseling from the PEB Liaison Officer (PEBLO) and understood her right to legal counsel. 7. On 18 August 2014, she received a permanent profile for chronic right knee pain. Her DA Form 3349 shows her PULHES at the time was 113111. The profiling officer marked "Needs [Medical Evaluation Board]" in block 7 and indicated the applicant's knee condition significantly interfered with physical capabilities, particularly with regard to impact activities. 8. On 19 August 2014, a Medical Evaluation Board convened and after consideration of clinical records, laboratory findings, and physical examinations, found the applicant had a medically-unacceptable condition of right knee patellofemoral pain syndrome. She was processed within the Integrated Disability Evaluation System (IDES). She was referred to a PEB. 9. On 9 February 2015, an informal PEB convened at Fort Sam Houston, TX. The Physical Evaluation Board noted that the applicant reported that she initially injured her knee in 2012 while attending advanced individual training. The PEB stated: a. The applicant was unfit because the Commander indicated that the applicant could not carry or lift equipment or materials related to her primary MOS, that she was unable to perform physical fitness or train, and that she was found medically non-deployable for the unit's recent deployment to Afghanistan. b. The applicant was unable to perform the duties of a Carpentry and Masonry Specialist because she could not perform duties while standing for significant periods of time or lift the heavy loads required by this specialty. Soldiers with a disability rating less than 30 percent and with less than 20 years of service required separation from the service with disability severance pay. c. The applicant was physically unfit and the PEB recommended separation with a rating of 10 percent with entitlement to severance pay. The applicant concurred with the findings and recommendation and waived a formal hearing of her case. She did not request a reconsideration of her VA ratings. The PEB was approved by the appropriate authority. 9. Order Number D 078-14 published on 19 March 2015 by the U.S. Army Physical Disability Agency discharged her from the U.S. Army Reserve under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of physical disability with a disability rating of 10 percent with entitlement to severance pay. 10. On 21 December 2016, this Board received an advisory opinion from the Army Review Boards Agency (ARBA) Senior Medical Advisor. The advisory official stated: a. The applicant's DD Form 2808, dated 12 July 2011 indicates with an unremarkable clinical evaluation, PULHES 111111, qualified for service. b. A review of the applicant’s electronic medical record (AHLTA) revealed clinical encounters from November 2011 through March 2012. Her interactive Personnel Electronic Records Management System (iPERMS) record was reviewed and revealed: (1) Left hand x-ray series (8 February 2012) for injury left hand with complaint of pain and swelling of hand and wrist, with no acute osseous findings. (2) Abdomen x-ray series (8 February 2012) for vomiting and abdominal pain, with a non-specific nonobstructed bowel gas pattern – prominent stool is noted. (3) DA Form 2173, dated 12 February 2012 for lower leg injury not otherwise specified. "SM while attending training for [advanced individual training], was participating in authorized unit fitness and suffered an injury to her right lower extremity." (4) DA Form 2173, dated 12 February 2012 for right knee tendonitis patellar with ankle pain. "SM while participating in run during [initial entry training] suffered a right lower extremity injury resulting in patellar tendonitis and left ankle pain." c. DA Form 7652, dated 3 June 2014, was reviewed and revealed: (1) DA Form 3947, dated 19 August 2014, for right knee patellofemoral pain syndrome. (2) Department of the Army line of duty determination memorandum, dated 26 February 2014, for right knee tendonitis patellar with ankle pain that occurred during initial active duty training on 12 February 2012 is approved. (3) DA Form 199, dated 9 February 2015 with right knee patellofemoral pain syndrome (Medical Evaluation Board diagnosis 1) at 10 percent (injured knee in 2012 while attending advanced individual training). No medical conditions determined not to be unfitting. (4) Limited review of VA records through the JLV (Joint Legacy Viewer) with 5 problems (none entered by the VA). Applicant is currently rated zero percent service connected (as of 21 December 2016). d. The applicant did not meet medical retention standards for right knee patellofemoral pain syndrome in accordance with chapter 3, Army Regulation 40-501 (Standards of Medical Fitness), and following the provisions set forth in Army Regulation 635-40 that were applicable to the applicant’s era of service. e. The applicant’s medical conditions were duly considered during medical separation processing (IDES). f. A review of the available documentation found no evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case. The applicant’s character of service was honorable and she was discharged due to a physical (i.e., medical) disability with disability severance pay. 11. This Board forwarded a copy of the advisory opinion to the applicant to allow her to provide comments. She did not respond. REFERENCES: 1. 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 unfitness must be of such a degree that a Soldier is unable to perform the duties of his/her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his/her employment on active duty. 2. Army Regulation 135-7 (Army National Guard and U.S. Army Reserve Incentive Programs) provided that to be eligible for the Student Loan Repayment Program incentive, a person must contractually obligate himself or herself to serve satisfactorily, must serve in a Reserve unit for a full term of the contractual agreement and must further obligate himself or herself to continue to serve in the same component and the same military occupational specialty unless excused for the convenience of the Government. Entitlement to the Student Loan Repayment Program will stop if the Soldier is separated from the Selected Reserve. Each complete satisfactory year of service performed under this Student Loan Repayment Program agreement establishes an anniversary date. Any qualifying loan which is at least a year old may then be paid in accordance with the terms of this educational enlistment incentive. 3. Directive Type Memorandum (DTM) 11-015 (DES) published in 2013, explains the IDES. a. The IDES is the joint DOD-VA process by which DOD determines whether wounded, ill, or injured Service members are fit for continued military service and by which the DOD and the VA determine appropriate benefits for Service members who are separated or retired for a Service-connected disability. The IDES features a single set of disability medical examinations appropriate for fitness determination by the Military Departments and a single set of disability ratings provided by the VA for appropriate use by both departments. Although the IDES includes medical examinations, IDES processes are administrative in nature and are independent of clinical care and treatment. b. Unless otherwise stated in this DTM, DOD will follow the existing policies and procedures promulgated in DOD Directive 1332.18 (Disability Evaluation System (DES)) and the Under Secretary of Defense for Personnel and Readiness Memoranda. All newly-initiated, duty-related physical disability cases from the Departments of the Army, Air Force, and Navy at operating IDES sites will be processed in accordance with this DTM and follow the process described in this DTM unless the Military Department concerned approves the exclusion of the Service member due to special circumstances. Service members whose cases were initiated under the legacy DES process will not enter the IDES. c. IDES medical examinations will include a general medical examination and any other applicable medical examinations performed to VA compensation and pension (C&P) standards. Collectively, the examinations will be sufficient to assess the member’s referred and claimed condition(s) and assist the VA in ratings determinations and assist military departments with unfit determinations. d. Upon separation from military service for medical disability and consistent with Board for Corrections of Military Records (BCMR) procedures of the Military Department concerned, the former Service member (or his or her designated representative) may request correction of his or her military records through his or her respective Military Department BCMR if new information regarding his or her service or condition during service is made available that may result in a different disposition. e. If, after separation from service and attaining veteran status, the former Service member (or his or her designated representative) desires to appeal a determination from the rating decision, the veteran (or his or her designated representative) has 1 year from the date of mailing of notice of the VA decision to submit a written notice of disagreement with the decision to the VA regional office of jurisdiction. 4. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. 5. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. Section 1212 provides that a member separated under section 1203 is entitled to disability severance pay. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the U.S. Army Reserve on 12 July 2011. She was ordered to initial active duty for training on 15 November 2011 and was released from active duty training on 10 April 2012. She was issued a DD Form 214 that properly reflects she was honorably released from active duty under the provisions of Army Regulation 635-200, chapter 4 by reason of completion of required active service. 2. The applicants DA Form 2173 shows she injured her right lower extremity on 12 February 2012 while participating in a run during initial entry training that resulted in patellar tendonitis and left ankle pain. She was placed on a permanent profile for chronic right knee pain with PULHES of 113111. 3. An informal PEB found her unfit for military service for right knee patellofemoral pain syndrome rated at 10 percent disabling. 4. The service record shows the applicant was properly discharged from the U.S. Army Reserve following approval of the informal PEB findings and recommendations. Discharge orders were issued, which resulted in the applicant being honorably discharged from the U.S. Army Reserve under the provisions of Army Regulation 635-40 by reason of disability with entitlement to severance pay. 5. The applicant contends she underwent medical processing to receive a medical discharge instead of an honorable discharge and to ensure repayment of her student loans. By regulation, entitlement to the Student Loan Repayment Program will stop if the Soldier is separated from the Selected Reserve. The evidence of record shows she was discharged from the Selected Reserve on 24 April 2015 by reason of physical disability (Army Regulation 635-40) with entitlement to severance pay. 6. There is no evidence the applicant appealed the VA rating decision under IDES which states a service member has a 1 year period in which to file an appeal of their VA rating decision. The IDES is a joint VA-DOD program wherein the VA provides examinations and findings for use during the PEB process. The law provides for retirement of a member who has at least 20 years of service or a disability rated at least 30 percent. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019219 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019219 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2