ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  17 May 2019

	DOCKET NUMBER:  AR20160018395


APPLICANT REQUESTS: her honorable discharge from the Army National Guard 
(ARNG) be changed to a medical discharge due to post-traumatic stress disorder 
(PTSD). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	3 DD Forms 293 (Application for the Review of Discharge from the Armed Forces 
of the United States)
*	DA Form 2173 (Statement of Medical Examination and Duty Status)
*	National Guard Bureau Form 22 (Report of Separation and  Record of Service)
*	ARNG Honorable Discharge Certificate
*	Line of Duty Memorandum
*	Medical  documents

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, she was hospitalized at Poplar Springs Hospital for 
psychological issues she continues to have psychological issues.  She should have 
been discharged due to PTSD.  

2.  After having prior enlisted service in the U.S. Navy, the applicant enlisted in the 
ARNG on 28 August 2004.

3.  On 25 April 2009, while on inactive duty training, the applicant was admitted to 
Knoxville Acute Care Psychiatry due to depression.

4.  The applicant’s ARNG service records were not available for review.

5.  On 27 August 2010, the applicant was honorably discharged from the ARNG due to 
expiration of active status commitment in the Selected Reserve. 

6.  The applicant's available military personnel record is absent of evidence that shows 
she had any medical condition(s) that warranted her disposition through medical 
channels via the Physical Disability Evaluation System (PDES).  
7.  On 12 May 2017, the Army Review Boards Agency (ARBA) medical advisor/ 
psychologist provided an advisory opinion.  The ARBA medical advisor concluded the 
applicant's medical records do not at the time of her discharge reasonably support 
the applicant having had a boardable medical condition for that period.  The 
applicant met mental-health standards and based on available behavioral-health 
evidence there is insufficient evidence to believe she met medical retirement 
standards.  Despite what the applicant said in her application, the medical advisor 
could not find history of a diagnosis of PTSD, and PTSD is not on her Department of 
Veterans Affairs problem list.  A copy of the complete medical advisory was provided 
to the Board for their review and consideration.

8.  On 16 May 2017, the applicant was provided a copy of the advisory opinion and 
given an opportunity to submit comments, but she did not respond.

9.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment, induction, appointment, retention, separation, and retirement.  
Chapter 3 (Medical Fitness Standards for Retention and Separation, Including 
Retirement) provides guidance on the various medical conditions and physical defects 
that may render a Soldier unfit for further military service, and that fall below the 
standards required for service.
10.  Army Regulation 135-178 (Army National Guard and Army Reserve Separation of 
Enlisted Personnel), paragraph 12-1 (Medically Unfit for Retention), states Reserve 
enlisted Soldiers who are no longer qualified for retention by reason of medical 
unfitness under the standards of Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3 (Medical Fitness Standards for Retention and Separation Including 
Retirement), will be discharged unless they are granted a waiver of the medical 
disqualification or are eligible and request transfer to the Retired Reserve under the 
provisions of Army Regulation 140-10 (Army Reserve Assignments, Attachments, 
Details, and Transfers),  
paragraph 6-1 (Eligibility).

BOARD DISCUSSION:

After review of the application and all evidence, including the applicant’s statement and 
the medical advisory, the Board determined there is insufficient evidence to grant relief.  
Despite what the applicant said in her application, there is no history of a diagnosis of 
PTSD in her records, and PTSD is not on her VA problem list.  The Board agreed the 
applicant's medical records indicate that she met mental-health standards in AR 40-501 
and AR 635-40 and, at the time of her discharge, her records do not reasonably support 
her having had a boardable medical condition.  Based on available behavioral-health 
evidence there is insufficient evidence to believe she met medical retirement standards; 
a review of available documentation did not reveal evidence of mental health 
considerations that would have made a referral for medical retirement 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.


	  
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.

ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness 
standards for enlistment, induction, appointment, retention, separation, and retirement.
     a.  Chapter 3 (Medical Fitness Standards for Retention and Separation, Including 
Retirement) provides guidance on the various medical conditions and physical defects 
that may render a Soldier unfit for further military service, and that fall below the 
standards required for service.  These medical conditions and physical defects, 
individually or in combination, are those that: significantly limit or interfere with the 
Soldier's performance of their duties; may compromise or aggravate the Soldier's health 
or well-being if the Soldier were to remain in the military service; may compromise the 
health or well-being of other Soldiers; or may prejudice the best interests of the 
government if the individual Soldier were to remain in the military service.
     b.  Chapter 10 (ARNG) provides guidance on the basic policies, standards, and 
procedures for medical examinations and physical standards for ARNG and Army 
National Guard of the United States (ARNGUS) Soldiers.
3.  Army Regulation 635-40 establishes the Army PDES and sets forth policies, 
responsibilities, and procedures that apply in determining whether a Soldier is unfit 
because of physical disability to reasonably perform the duties of his or her office, 
grade, rank, or rating.  Under the laws governing the Army PDES, 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.  One of the criteria is that 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.
4.  Army Regulation 135-178 (Army National Guard and Army Reserve Separation of 
Enlisted Personnel), paragraph 12-1 (Medically Unfit for Retention), states Reserve 
enlisted Soldiers who are no longer qualified for retention by reason of medical 
unfitness under the standards of Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3 (Medical Fitness Standards for Retention and Separation Including 
Retirement), will be discharged unless they are granted a waiver of the medical 
disqualification or are eligible and request transfer to the Retired Reserve under the 
provisions of Army Regulation 140-10 (Army Reserve Assignments, Attachments, 
Details, and Transfers), paragraph 6-1 (Eligibility).

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160018395
	
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