ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 January 2020 DOCKET NUMBER: AR20160016133 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged due to a boardable medical condition. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Sleep Wellness Center – Positive Airway Pressure Tiration Report FACTS: 1. The applicant states that he was discharged for chapter 5-17 (medical condition, not a disability); however, before he exited the Army, he was diagnosed with sleep apnea which is a med boardable condition. He provides a report showing a diagnosis of mild sleep obstructive apnea. 2. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 4 October 2011. He held military occupational specialty 25S (SATCOM Systems Operator/Maintainer). b. He was assigned to B Company, XXTH X__ X__ Battalion, Schofield Barracks, HI. c. He was diagnosed with insomnia and adjustment disorder, medical conditions that potentially interfere with assignment to or performance of duty. Due to the chronic nature of his insomnia and frequent adjustment to his sleep medications, he, without authority, failed to be at his appointed place of duty at the prescribed time on multiple occasions (2 and 7 January 2014, 13 December 2013, 5 November 2013, 17 July 2013, 27 June 2013, and 19 June 2013). d. His chain of command initiated separation action against him under the provisions of chapter 5-17 of Army Regulation (AR) 535-200 (Active Duty Administrative Separations). He was advised of and exercised his rights. e. On 5 May 2014, the separation authority approved his discharge and ordered his service be characterized as honorable. Accordingly, he was discharged on 27 May 2014. f. His DD Form 214 shows he was discharged under the provisions of paragraph 5-17 of AR 635-200 due to a condition, not a disability. He was assigned Separation Code JFV. He completed 2 years, 7 months, and 24 days of active service. 3. The Army Review Boards Agency (ARBA) medical advisor reviewed his request. Documentation reviewed includes his application and accompanying documentation, along with a Positive Airway Pressure Titration Report from his medical records. This report was completed by Niolopua Sleep Wellness Center and interpreted by Dr. X__ She__. The medical advisor opined that: a. Based on the sleep study and CPAP titration report provided by the applicant, at the time of discharge, he met retention standards in accordance with AR 40-501 (Standards of Medical Fitness), chapter 3-32, b (2). b. The applicant did meet medical retention standards at the time of discharge. The impairment caused by his mild OSA was corrected by a minimal amount of CPAP usage. This would be expected to adequately treat his sleep disturbance for the long term without complications. c. Additionally, the recommendation from the sleep specialist was to work on weight loss as his BMI was 31.1 which is classified as obese and a known contributor for sleep apnea. Since there are not follow up records to indicate this diagnosis prohibited the applicant from completing normal daily activities or a failure of his recommended therapy, there is no indication for referral to a medical evaluation board at this time. d. Finally, no new evidence is presented to warrant reconsideration for medical retirement nor is there an indication this impairment has advanced since his discharge from the Army. 4. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a response/rebuttal. The applicant did not respond. 5. By regulation (AR 635-200), paragraph 5-17 provides for the separation of Soldiers on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty. Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. 6. By regulation (AR 40-501), paragraph chapter 3-32(b)(2) (sleep disorders), the causes for referral to the Disability Evaluation System include sleep-related breathing disorders, obstructive sleep apnea (OSA) that causes daytime hypersomnolence or snoring that interferes with the sleep of others and cannot be corrected with weight loss, positive airway pressure (PAP), surgery, or an oral appliance. The diagnosis of OSA must be based on a polysomnogram. Minimum adherence to PAP therapy, for mild, moderate, or severe OSA, is defined as 4 hours of therapy per day for at least 70 percent of days over a period of 30 days. Optimal adherence to PAP therapy is defined as 6 hours or more of therapy per day for at least 90 percent of days. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. Based upon the finding of the medical advisory stating the applicant met retention standards and those findings were not rebutted through any submission by the applicant, the Board concluded that there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s record. 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. 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 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides for the separation of Soldiers on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty. Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. 2. Army Regulation 40-501 (Standards of Medical Fitness) provides in-formation on individual medical readiness elements; medical fitness standards for induction, enlistment, appointment, and retention; deployment-limiting medical conditions; and related policies and procedures. Chapter 3 lists the various disqualifying medical conditions and/or physical defects which may render a Soldier unfit for further military service and which fall below the standards required for the individuals listed in paragraph 3–2. Paragraph 3-32 provides for sleep disorders causes for referral to the DES are as follows: a. Chronic insomnia disorder. Insomnia is defined as difficulty initiating sleep, maintaining sleep, or waking earlier than desired which occurs at least 3 nights per week for at least 3 months with associated daytime impairment that can include symptoms of fatigue, mood disturbance/irritability, daytime sleepiness, decreased motivation, or increased propensity for errors/accidents. Insomnia which does not respond to cognitive behavioral therapy and/or requires medications to promote sleep (defined as using any medication with sedative properties specifically for sleep up to or more than three times a week) over 6 consecutive months and despite or due to therapy meets the definition of a disqualifying medical condition or physical defect as in paragraph 3–1 and requires a referral to the DES. b. Sleep-related breathing disorders. (1) Central sleep apnea that causes hypersomnolence (sleepiness) and does not resolve with removing or reducing an offending medication or by treatment of a known medical etiology. If central sleep apnea is due to congestive heart failure, cardiology evaluation is required to determine need for referral to the DES. (2) Obstructive sleep apnea (OSA) that causes daytime hypersomnolence or snoring that interferes with the sleep of others and cannot be corrected with weight loss, positive airway pressure (PAP), surgery, or an oral appliance. The diag-nosis of OSA must be based on a polysomnogram. Minimum adherence to PAP therapy, for mild, moderate, or severe OSA, is defined as 4 hours of therapy per day for at least 70 percent of days over a period of 30 days. Optimal adherence to PAP therapy is defined as 6 hours or more of therapy per day for at least 90 percent of days. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20160016133 4 1