IN THE CASE OF: BOARD DATE: 12 April 2016 DOCKET NUMBER: AR20150009182 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: 12 April 2016 DOCKET NUMBER: AR20150009182 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: 12 April 2016 DOCKET NUMBER: AR20150009182 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 amendment of his discharge from the U.S. Army Reserve (USAR) to show he was separated by reason of medical disability. 2. The applicant states: a. He wants his discharge amended or corrected to show his current medical status from a service-related injury that was aggravated or occurred while serving on active duty for training orders. b. He was released from his Army Reserve Component approximately 1 month prior to his expiration term of service date. c. He was told by his USAR Regional Support Command that his medical documentation was sufficient to justify a medical discharge, but his discharge orders do not contain any language referencing a medical discharge. d. He was not issued a DD Form 256A (Honorable Discharge Certificate). 3. The applicant provides: * Department of Veterans Affairs (VA) medical records * memorandum for record, dated 23 June 2011, subject: (Applicant) * partial copies of DD Forms 689 (Individual Sick Slip) * DA Form 705 (Army Physical Fitness Test Scorecard) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * discharge orders, dated 26 February 2014 * DA Form 3349 (Physical Profile) * medical records CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 29 January 2008. He was discharged from the Army National Guard under honorable conditions (general) on 16 October 2009 and assigned to the USAR Control Group (Reinforcement). He was ordered to active duty for training as a member of the USAR on 17 February 2011. 2. He provided three partial sick slips, dated April to June 2011, which show he was treated for an injury. However, the injury descriptions are not shown on the slips. 3. He provided a memorandum for record from an orthopedic surgeon at Brooke Army Medical Center, dated 23 June 2011, subject: (Applicant), who stated the applicant was currently under her care and being seen for his left ankle. He has ankle arthritis and anterior impingement and she felt he would benefit from surgical intervention. She would like to perform surgery on 15 July 2011 and requested his extension in his current duty for at least 4 weeks following the date of surgery. 4. He was released from active duty on 15 July 2011 by reason of completion of required active service. 5. He provided medical documentation showing he underwent podiatry surgery on 24 October 2012 to clean out his left ankle. 6. In October 2013, he was assigned a permanent physical profile rating of 3 in the lower extremities factor for right ankle osteoarthritis status post-surgery and left knee degenerative joint disease. 7. He provided self-authored letters to the Department of Veterans Affairs, dated August 2013, wherein he stated: a. He was introduced to cocaine and began drinking alcohol heavily while trying to adapt to a regimented military lifestyle. b. Running and training on dirt, uneven pavement, and hard asphalt surfaces during his active duty for training in 2011 directly caused injury to his lower extremities. 8. He also provided a Department of Veterans Affairs Progress Note, dated 7 November 2013, showing he reported: a. He was asking for disability for symptoms which he feels are post-traumatic stress disorder related to his use of street drugs. He was given a general discharge in 1985 for using cocaine and other street drugs twice in Hawaii where he was stationed. b. In 2011 when he was serving on active duty for training as a Reservist at Fort Sam Houston, he was arrested for cocaine use that he feels was a continuation of his active duty exposure to drugs. He is asking for compensation for non-combat related post-traumatic stress disorder because he feels the drug dealers offered the active duty military people drugs to get them addicted, so it is the fault of the military that exposed him to street drugs. c. He has a history of depression and anxiety. 9. On 28 March 2014, he was honorably discharged from the USAR. REFERENCES: 1. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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 or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty. 2. Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay. DISCUSSION: 1. The applicant contends he should have been medically discharged due to a service-related injury incurred during performance of active duty for training in 2011. 2. The medical documentation he provided was carefully considered. However, since there is no evidence showing he could not perform his duties while serving on active duty, there is insufficient evidence to show a medical discharge was warranted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009182 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2