BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20140019147 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, retroactive retirement by reason of physical disability. 2. The applicant states: a. The Army did not rate his post-traumatic stress disorder (PTSD). b. He received severance pay and he should have been medically retired. c. Section V (Administrative Determinations) on his DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) states that his disability disposition is not based on a disease or injury incurred in the line of duty in combat. d. His injury occurred in the line of duty. 3. The applicant provides: * DA Form 199, dated 2 October 2013 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 January 2014 * Orders 323-0011, dated 19 November 2013 * Orders 331-0007, dated 27 November 2013 * Duplicate DD Form 149 (Application for Correction of Military Records), dated 30 October 2014 * DA Form 3947 (Medical Evaluation Board (MEB) Proceedings), dated 13 February 2013 * DA Form 3947 "Corrected Copy," dated 13 February 2013 * Medical Evaluation, dated 21 January 2013 * Page 2 of Department of Veterans Affairs (VA) Rating Decision * Medical Records, dated 4 February 2014 * VA Medical Records CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 12 August 2003. He completed training as a food service specialist. He remained on active duty through reenlistments. 2. On 21 January 2013, a psychological evaluation was performed on the applicant and it was determined that he met the criteria for the diagnosis of PTSD. An Integrated Disability Evaluation System (IDES) psychologist reviewed the behavioral health note on the applicant and deemed it sufficient to make a medical determination. 3. On 13 February 2013, an MEB convened to determine whether the applicant should be referred to a PEB for evaluation. The MEB found that the applicant had the following medical conditions/defects: * migraine headaches * right wrist carpal tunnel syndrome * left wrist carpal tunnel syndrome * PTSD, which met retention standards * right ankle degenerative arthritis, which met retention standards * left ankle strain status post-surgical arthrotomy and reconstruction with residual scars, which met retention standards * left foot arthritis, which met retention standards * right shoulder dislocation with persistent instability and labral tear, which met retention standards * hypertension, which met retention standards * cervical spondylosis with degenerative arthritis, which met retention standards * right cubital tunnel syndrome, which met retention standards * left cubital tunnel syndrome, which met retention standards 4. The MEB recommended that the applicant be referred to a PEB for evaluation. 5. On 5 March 2013, the applicant disagreed with the findings and recommendation of the MEB and the report of the board was returned for reconsideration. After further consideration, the MEB determined that the applicant also suffered from chronic kidney disease, stage II, which met retention standards. 6. The MEB again recommended that the applicant be referred to a PEB for evaluation. On 12 March 2013, he agreed with the findings and recommendation of the MEB. 7. On 2 October 2013, an informal PEB convened to determine the applicant's fitness for retention in the Army. The PEB found him unfit for right wrist carpal tunnel syndrome rated at 10 percent and for left wrist carpal tunnel syndrome rated at 10 percent. The PEB also considered the other eleven medical conditions diagnosed by the MEB and found that those conditions were not unfitting. The PEB determined that those conditions were not associated with profile limitations and did not impact his ability to perform any one of the ten functional activities. Section V on his DA Form 199 states that "the disability disposition is not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war." The PEB found the applicant physically unfit for continued service and recommended separation with severance pay with a combined service-connected disability rating of 20 percent. 8. On 16 October 2013, the applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing of his case. 9. On 27 January 2014, the applicant was honorably discharged with severance pay due to physical disability. He completed 10 years, 5 months, and 16 days of net active service. 10. The applicant provides his MEB report and one page of a VA Rating Decision showing he received a 50 percent service-connected disability rating for PTSD (also claimed as sleep disturbance/insomnia and anxiety) and a 30 percent service-connected disability rating for migraine headaches, effective 28 January 2014. He also provides a copy of his VA Medical Records. 11. 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. 12. Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rated at less than 30 percent. 13. Title 38, United States Code, sections 1110 and 1131, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service. 14. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. However, neither his contentions nor his medical records demonstrate error or injustice in the disability rating assigned by the Army, or error or injustice in the disposition of his case by his separation from the service. 2. It is evident that he did have the diagnosis of PTSD; however, it was considered to have met medical retention standards and was not an unfitting medical condition. 3. Although the applicant has been awarded a 50 percent service-connected disability rating by the VA, that agency does not 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. 4. The PEB found him unfit for right wrist carpal tunnel syndrome rated at 10 percent and unfit for left wrist carpal tunnel syndrome rated at 10 percent. The statement made in Section V on his DA Form 199 is correct, as the conditions for which he received ratings were not diseases or injuries incurred in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war. 5. An IDES psychologist reviewed the behavioral health note on the applicant and deemed it sufficient for a determination of PTSD meeting medical retention standards. The MEB and the PEB considered his PTSD diagnosis and found that it met medical retention standards and was not an unfitting medical condition. Absent any evidence to the contrary, it must be presumed that the actions taken by the Army in this case were correct. 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) AR20140019147 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019147 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1