ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 January 2019 DOCKET NUMBER: AR20160014497 APPLICANT REQUESTS: His disability separation be changed to a medical retirement. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), for period ending 28 July 2014 * Self-Authored Statement FACTS: 1. The applicant states he was discharged for plantar fasciitis which netted a 20% rating from the Army, despite him having a number of other medical issues that landed him a profile for his shoulder, as well as issues with his back, giving him a total rating of 80%. He served faithfully for 15 years as a combat Soldier. There were other options to consider while he was being medically boarded. His foot was injured, with no success in any treatments short of surgery. In the two years that he has been separated, he still has significant pain. He cannot possibly see this as a 20% injury. 2. A review of the applicant’s service records shows the following: a. On 18 September 1997, he enlisted in the Regular Army (RA). b. He served in Kosovo from 6 June 1999 to 12 December 1999 and from 20 April 2001 to 20 November 2001. c. He served in Iraq from 2 March 2003 to 21 September 2003. d. He was honorably released from active duty on 20 December 2003 for completion of his required active service, in accordance with chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations). His DD Form 214 shows he completed 6 years, 3 months, and 3 days of active service. e. After a break in service, he enlisted again in the RA on 31 January 2005. f. He served in Iraq from 1 November 2005 to 28 October 2006 and from 22 May 2008 to 1 July 2009. g. He served in Afghanistan from 10 January 2013 to 28 July 2013. h. On 6 December 2013, an MEB convened and after consideration of clinical records, laboratory findings, and physical examinations, found he was diagnosed with the conditions listed below and recommended for a referral to a PEB. Diagnosis Met Retention Standards Did Not Meet Retention Standards 1. Left plantar fasciitis X 2. Left shoulder strain X 3. Right rotator cuff tear X 4. Status post right arthroscopic distal clavicle resection with scar X 5. Bilateral knee strain X 6. Bilateral patellofemoral syndrome X 7. Bilateral shin splints X 8. Right foot strain X 9. Bilateral hallux valgus X 10. Status post fracture of 5th toe X 11. Cervical strain X 12. Lumbar strain X 13. Intervertebral disc strain of the left sciatic nerve, quiescent X 14. Primary insomnia X i. On 23 December 2013, after having been counseled, the applicant indicated he reviewed the contents of the MEB, agreed with the findings and recommendations, and authenticated the DA Form 3947 (MEB Proceedings) with his signature. He acknowledged: * he reviewed the contents of the MEB, physical profile, and narrative summary; he understood the PEB would only consider the conditions listed on the DA Form 3947 * the DA Form 3947 included all his conditions and whether or not they meet retention standards; the conditions that did not meet retention standards were properly listed * he provided all medical documents in his possession to be included in the MEB; he agreed that the MEB accurately covered his medical conditions at the time j. On 10 April 2014, an informal Physical Evaluation Board (PEB) to determine the applicant’s fitness for retention in the Army. (1) The PEB found him physically unfit for left plantar fasciitis, recommended a rating of 20%, and that his disposition be separation with severance pay. (2) He concurred with the PEB findings and recommendations on 25 April 2014, waived his right to a formal hearing, and did not request reconsideration of his Department of Veterans Affairs (VA) ratings. k. The applicant was discharged on 28 July 2014 under the provisions of AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) chapter 4 (Procedures), due to disability with entitlement to severance pay. 3. On 25 June 2018, the Army Review Boards Agency senior medical advisor rendered an advisory opinion in the processing of this case. He opined: a. The applicant’s medical conditions were duly considered during medical separation processing. The applicant did not meet medical retention standards for left plantar fasciitis in accordance with AR 40-501 (Standards of Medical Fitness), chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement). b. The applicant met medical retention standards for left shoulder strain, right rotator cuff tear, status post right arthroscopic distal clavicle resection with scar, bilateral knee strain, bilateral patellofemoral syndrome, bilateral shin splints, right foot strain, bilateral hallux valgus, status post fracture of the fifth toe, cervical strain, lumbar strain, intervertebral disc strain of the left sciatic nerve, quiescent, primary insomnia (existed prior to service), history of fracture left elbow (existed prior to service), bilateral pes cavus (existed prior to service), visual acuity and any other medical, physical, dental and/or behavioral conditions. c. The available documentation found no evidence of a medical disability or condition which would support a change to the character, reason, rated condition(s), fitting/unfitting condition(s), disability determination(s), and/or disability rating for the discharge in this case. d. After comprehensive review of the medical and other records, the medical advisory concluded that there was no cause to recommend a change in the PEB fitness determination for any of the contended conditions and so no additional disability rating(s) are recommended. e. The Army has neither the role nor the authority to compensate for progressive or complications of service-connected conditions after separation. That role and authority is granted by Congress to the VA, operating under a different set of laws. 4. On 28 June 2018, the advisory opinion was forwarded to the applicant for acknowledgement and/or response. He did not respond. 5. By regulation (AR 635-40), conditions which do not render a Soldier unfit for military service will not be considered in determining the compensable disability rating unless they contribute to the finding of unfitness. BOARD DISCUSSION: After reviewing the application and all supporting evidence, to include the applicant’s statement, the board found that no injustice or correction was required. Based upon the medical advisory and no further response from applicant in reply to the issues raised within the advisory, the Board accepted the opinion of the medical advisor and found the medical rating received at the time of discharge was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. SIGNATURE: ___________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. REFERENCES: 1. Army Regulation (AR) 40-501 (Standards of Medical Fitness) governs medical fitness standards for retention and separation, including retirement. Chapter 3 of the regulation gives the various medical conditions and physical defects which may render a Soldier unfit for further military service. 2. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), in effect at the time, set forth the policies for the disposition of Soldiers found unfit because of physical disability to reasonably perform the duties of his/her office, grade, rank, or rating. a. Paragraph 3-1 states that the mere presence of a 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. The Soldier will not be declared physically unfit for military service because of- disabilities known to exist at the time of the Soldier's acceptance for military service that have remained essentially the same in degree since acceptance, and have not interfered with the Soldier’s performance of effective military service. b. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of a service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. c. Paragraph 4-17 states PEB's are established to evaluate all cases of physical disability equitability for the Soldier and the Army. It is a fact-finding board to investigate the nature, cause, degree of severity, and probable permanency of the disability of Soldiers who are referred to the board; to evaluate the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating; to provide a full and fair hearing for the Soldier; and to make findings and recommendations to establish eligibility of a Soldier to be separated or retired because of physical disability. d. An award of a VA rating does not establish entitlement to medical retirement or separation. The VA is not required to find unfitness for duty. Operating under its own policies and regulations, the VA awards ratings because a medical condition is related to service, i.e., service-connected. The VA can evaluate a veteran throughout their lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. e. Appendix B, paragraph f of that regulations states conditions which do not render a Soldier unfit for military service will not be considered in determining the compensable disability rating unless they contribute to the finding of unfitness.