BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20150019210 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: 15 June 2017 DOCKET NUMBER: AR20150019210 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: 15 June 2017 DOCKET NUMBER: AR20150019210 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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the narrative reason for separation as medical discharge. 2.  The applicant states he only had 4 months to separate from military service upon returning from a deployment. He believes he was pushed out of the door too quickly without any mention of consideration by a medical evaluation board. He contends he was diagnosed with post-traumatic stress disorder (PTSD), insomnia, and anxious mood with inability to adjust in 2010. He started seeing behavioral health care specialists in 2010, and now he is seeing a therapist once a week at his local veterans' center. He also sees a doctor at the Department of Veterans Affairs (VA) for psychological medications. He feels he did not receive a proper medical evaluation when he entered military service and later separated from military service. Within a year of his separation, the VA found a hole in his heart and diagnosed him with bilateral neuropathy. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1.  On 1 November 2006, the applicant enlisted in the Regular Army and was trained as a wheeled vehicle mechanic. 2.  The applicant's deployment history includes three deployments. He deployed to Iraq from 20 September 2007 to 12 November 2008 and twice to Afghanistan from 21 April 2010 to 24 April 2011 and from 1 July 2013 to 18 March 2014. 3.  On 1 October 2014, the applicant was honorably discharged from active duty by reason of completion of his required active service under the provisions of chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations). His DD Form 214 shows: * he completed 7 years, 11 months, and 1 day of active duty service * he was awarded the Combat Action Badge * he was assigned separation program designator (SPD) code KBK * he was assigned reentry eligibility (RE) code 1 (fully eligible to reenlist) 4.  By letter, dated 28 September 2016, the staff of the Army Review Boards Agency requested the applicant provide medical documents to support his application, specifically a diagnosis of PTSD. The applicant failed to respond. 5.  On 17 May 2017, a four-page medical staff advisory opinion was obtained from the Army Review Boards Agency Senior Medical Advisor wherein the physician concluded: a.  The available medical records did not reasonably support the diagnostic criteria for PTSD or other behavioral health condition(s) during the time of the applicant's military service. (The Diagnostic and Statistical Manual of Mental Disorders (DSM) is published by the American Psychiatric Association (APA) and provides standard criteria and common language for the classification of mental disorders.) b.  The applicant did not have any medical condition(s) at the time of separation that failed to meet medical retention standards in accordance with AR 40-501 (Standards of Medical Fitness) that would have warranted a separation through the Physical Disability Evaluation System (PDES). c.  The applicant's medical conditions were duly considered during medical separation processing. His electronic medical record shows he was seen in Afghanistan for intermittent insomnia, adjustment disorder, and PTSD symptoms during the early part of his second deployment. Subsequently, he had persistent insomnia; however, he did not meet the diagnostic criteria for PTSD, major depression, anxiety, or other boardable behavioral health condition. d.  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 met medical retention standards for insomnia, history of hernia with post-operative pain, history of left ankle sprain, history of left index finger injury, and gastroesophageal reflux disorder, which existed prior to service. 6.  On 17 May 2017, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond. He did not respond. REFERENCES: 1.  AR 635-200 provides for the separation of enlisted personnel from active duty. Chapter 4 provides for separation due to expiration term of service. 2.  AR 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria governing the enlistment of persons with or without prior service into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 includes a list of RE codes. An RE-1 applies to Soldiers completing their terms of active service who are considered qualified to reenter the U.S. Army; they are qualified for enlistment if all other criteria are met. 3.  AR 635-5-1 (Separation Program Designator (SPD) Codes) states SPD codes are three-character alphabetic combinations that identify reasons for and types of separation from active duty. SPD code KBK is the correct code for Soldiers voluntarily discharged for completion of required active service under the provisions of AR 635-200, chapter 4, when eligible to reenlist. 4.  Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the PDES and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with Department of Defense Directive 1332.18 (Disability Evaluation System) and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a.  The objectives of the system are to maintain an effective and fit military organization with maximum use of available manpower, provide benefits for eligible Soldiers whose military service is terminated because of service-connected disability, and provide prompt disability processing while ensuring the rights and interests of the government and the Soldier are protected. b.  Soldiers are referred to the PDES when they no longer meet medical retention standards in accordance with AR 40-501, chapter 3, as evidenced in a medical evaluation board (MEB), when Soldiers receive a permanent medical profile rating of 3 or 4, and are referred by a Military Occupational Specialty Medical Retention Board, when they are command-referred for a fitness-for-duty medical examination, and/or they are referred by the U.S. Army Human Resources Command. c.  The PDES assessment process involves two distinct stages: the MEB and the physical evaluation board (PEB). The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability are either separated from the military or are permanently retired, depending on the severity of the disability and length of military service. d.  The mere presence of medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 5.  Title 38, U.S. Code, sections 310 and 331, permit the VA to award compensation for a medical condition which was incurred in or aggravated by active military service; however, the VA cannot, by law, 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. Consequently, due to the two concepts involved, an individual's medical condition, although not considered physically unfit for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. DISCUSSION: 1.  The medical advisor, a physician, opined after reviewing the applicant's electronic medical record that he had no medical or behavioral health condition(s) that would warrant his entry into the PDES. The physician acknowledged the applicant was seen for PTSD symptoms, intermittent insomnia, and adjustment disorder during his second deployment. However, there is no record showing he received a permanent physical profile rating of 3 or 4 for these conditions or that these conditions impaired his ability to adequately perform the military duties of his grade and rank. 2.  A review of his DD Form 214 shows his narrative reason for separation was assigned because he was discharged under the provisions of chapter 4 of AR 635-200 for completion of required service. The underlying reason for his discharge was the completion of his required service. The only valid narrative reason for separation permitted under that paragraph is "completion of required active service" and the SPD code associated with this discharge is KBK. These entries are properly shown on his DD Form 214. 3.  An award of a VA rating does not establish entitlement to medical retirement or separation from the Army. Operating under its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings because a medical condition is related to service (service connected) and affects the individual's civilian employability. Furthermore, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019210 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019210 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2