IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20160000971 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: 21 March 2017 DOCKET NUMBER: AR20160000971 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: 21 March 2017 DOCKET NUMBER: AR20160000971 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 correction of her records to show she was medically discharged from the U.S. Army Reserve (USAR). 2. The applicant states she has been diagnosed with post-traumatic stress disorder (PTSD), degenerative disc disease, and tendonitis of the hip, and is being compensated by the Department of Veterans Affairs (VA) for service-connected disability for these conditions. The USAR honorably discharged her due to medically disqualifying conditions, but the USAR says her conditions aren't service connected. She disagrees. Her conditions are duty-related, but she does not have any line-of-duty determinations on file. 3. The applicant provides: * DA Form 3349 (Physical Profile), dated 19 December 2014 * VA documentation and medical records CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR on 28 October 2002. 2. She was ordered to active duty on 3 January 2004 in support of Operation Iraqi Freedom. She served in Kuwait/Iraq from 5 April 2004 to 31 March 2005. She was released from active duty on 4 May 2005. 3. She provided a DA Form 3349, dated 19 December 2014, showing she was assigned a permanent physical profile rating of: * "3" under the lower extremities factor for low back pain * "3" under the hearing and ears factor for hearing loss * "2" under the psychiatric factor for PTSD and depression 4. Her records contain a DA Form 4856 (Developmental Counseling Form), dated 11 January 2015, showing she was counseled/informed that her records indicate she may not meet retention standards for continued service in the USAR due to a medical condition and/or a permanent physical profile. She was instructed to provide her medical records to assist in her medical evaluation board (MEB). 5. Her records contain a DA Form 4187 (Personnel Action), dated 11 January 2015, showing she requested to be honorably discharged from the USAR instead of considered by a non-duty related physical evaluation board (PEB) due to medical conditions caused from her deployment in 2004. 6. Headquarters, 63d Regional Support Command, Orders 15-300-00048, dated 27 October 2015, show she was honorably discharged from the USAR effective 27 October 2015 for being medically disqualified, not as a result of her own misconduct. 7. She provided an undated letter from a VA doctor stating she is being treated for degenerative disc disease and back strain, and that these conditions currently limit her physical abilities to perform running, jumping, squatting, push-ups, and sit-ups. 8. She provided a letter from the VA, dated 10 October 2013, showing she was granted service connection for the following conditions with an overall or combined rating of 60 percent: * chronic left hip strain with limitation of extension (tendonitis) – 10 percent * lumbosacral strain with degenerative disc disease – 20 percent * PTSD – 30 percent * chronic left hip strain, limitation of flexion (tendonitis) – 10 percent 9. An advisory opinion was rendered by the Army Review Boards Agency Senior Medical Advisor, dated 30 November 2016, wherein he stated: a. Per the USAR and available medical documentation, the applicant did not meet medical retention standards. Per the DA Form 3349, the permanent physical profile rating of "L3" (probably low back pain) and possibly the "H3" (hearing loss) rating was or were the basis of the applicant's medical disqualification for continued USAR service. b. The applicant's medical conditions were duly considered during medical separation processing. There is no line-of-duty documentation found or provided by the applicant. c. A review of the available documentation found no evidence of a medical disability or condition that would support a change to the character or reason for the discharge in this case. 10. A copy of this advisory opinion was provided to the applicant for comment and/or rebuttal. She did not respond. REFERENCES: 1. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for retention and separation, including retirement. a. Paragraph 3-3 (Disposition) provides that USAR Soldiers not on active duty whose medical condition was not incurred or aggravated during an active duty period will be processed in accordance with chapter 9. b. Paragraph 9-12 (Request for PEB Evaluation) states Reserve Component Soldiers with non-duty related medical conditions who are pending separation for failing to meet the medical retention standards are eligible to request referral to a PEB for a determination of fitness. Because these are cases of Reserve Component Soldiers with non-duty related medical conditions, MEBs are not required and cases are not sent through the PEB Liaison Officers at the medical treatment facilities. Once a Soldier requests in writing that his or her case be reviewed by a PEB for a fitness determination, the case will be forwarded to the PEB by the Regional Support Command or the U.S. Army Human Resources Command Surgeon's Office and will include the results of a medical evaluation that provides a clear description of the medical condition(s) that cause the Soldier to not meet medical retention standards. c. Chapter 7 (Physical Profiling) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): * P – physical capacity or stamina * U – upper extremities * L – lower extremities * H – hearing and ears * E – eyes * S – psychiatric d. A physical profile rating of "1" under all factors indicates an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment. A physical profile rating of "2" under any or all factors indicates an individual possesses some medical condition or physical defect which may require some activity limitations. A physical profile rating containing one or more numerical designations of "3" signifies the individual has one or more medical conditions or physical defects which may require significant limitations. The individual should receive assignments commensurate with his or her physical capability for military duty. 2. 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 incurred while entitled to basic pay. It 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. Under the laws governing the Physical Disability Evaluation System, Soldiers who sustain or aggravate physically unfitting disabilities must meet several 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 was the proximate cause of performing active duty or inactive duty training. 3. 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. 4. Title 38, U.S. Code, sections 310 and 331, permit the VA to award compensation for a medical condition that was incurred in or aggravated by active military service. The VA, however, is not required by law to 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 medically unfitting 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 evidence of record shows the applicant was assigned a permanent physical profile rating of: * "3" under the lower extremities factor for low back pain * "3" under the hearing and ears factor for hearing loss * "2" under the psychiatric factor for PTSD and depression 2. A physical profile rating containing one or more numerical designations of "3" signifies the individual has one or more medical conditions or physical defects which may require significant limitations. 3. The evidence shows she requested discharge on 11 January 2015 in lieu of consideration by a PEB. She was discharged from the USAR because she was medically disqualified for retention. 4. The medical advisory official determined the applicant's medical conditions were duly considered during medical separation processing. 5. She was granted an overall or combined rating of 60-percent disability rating by the VA in 2013. The rating action by the VA does not demonstrate an error or injustice on the part of the Army. The VA, operating under its own policies and regulations, assigns disability ratings 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000971 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000971 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2