ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20180004630 APPLICANT REQUESTS: Correction of his records to show he was separated due to physical disability. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) in lieu of DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 17 July 2008 to 4 April 2009 * approximately 420 pages of Department of Veterans Affairs (VA) medical records FACTS: 1. The applicant states he has medical issues and he is receiving treatment from the VA for his bilateral ankle condition, bilateral knees, bilateral tinnitus, sinus condition, depression, post-traumatic stress disorder (PTSD), anxiety disorder, hypertension, high cholesterol, migraine headaches, and irritable bowel syndrome. He is currently receiving service-connected disability compensation from the VA rated at 70 percent. 2 The applicant enlisted in the U.S. Army Reserve (USAR) on 7 September 2007. 3. The applicant's DD Form 214 shows he served in Kuwait/Iraq in support of Operation Iraqi Freedom from 7 September 2008 to 4 August 2009, with duties as a motor transport operator. 4. The applicant reenlisted in the USAR on 12 June 2013. 5. The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period 29 February 2016 to 28 August 2017, his last NCOER on record, shows he passed the Army Physical Fitness Test on 20 February 2016 and that his overall performance was rated as "outstanding in all respects." 6. The applicant's separation proceedings are not available; however, his records contain orders issued by the 81st Regional Support Command, on 3 January 2018, directing his discharge from the USAR, effective 10 January 2018, with his service characterized as under honorable conditions (general). 7. There is no evidence in the applicant's available records indicating he was unable to perform his military duties due to a physical disability. 8. On 17 May 2018, the Army Review Boards Agency clinical psychologist/medical advisor provided an advisory opinion. The advisory found the available documentation showed the applicant met medical retention standards for all medical conditions and there was no indication for physical disability evaluation system processing. There is no available evidence supporting a change to his narrative reason for separation. A copy of the complete medical advisory was provided to the Board for their review and consideration. 9. The applicant was provided a copy of the advisory opinion on 21 May 2018 and given an opportunity to submit comments. He responded and provided a statement from a VA staff psychiatrist stating the following: My patient, [applicant's name], has mental health issues concerning from military deployment. He is suffering from combat related PTSD. He is receiving treatment from the Sonny Montgomery Jackson Veteran Affairs Hospital in Jackson, Mississippi. He was seen in January 2018 in concerns with his combat related PTSD. He was separated 4 August 2009. He was treated at Keesler Air Force Base in Biloxi, Mississippi for mental issues in 2009. In my opinion, his symptoms were early signs of PTSD in August 2009. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. The Board agreed with the Army Review Boards Agency clinical psychologist/medical advisor’s opinion that the available documentation showed the applicant met medical retention standards for all medical conditions and there was no indication for physical disability evaluation system processing. The Board agreed that there is no available evidence supporting a change to his narrative reason for separation. 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. Army Regulation 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, the individual must be unable to perform the duties of his or her office, grade, rank, or rating. Performance of duty despite impairment would be considered presumptive evidence of physical fitness. 2. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement or Separation) establishes the Army Disability Evaluation System 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 office, grade, rank, or rating. It states that only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. 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 their office, grade, rank, or rating. 3. Title 38, U.S. Code, permits the VA to award compensation for a medical condition which 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. The VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004630 4 1