ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    6 May 2019

	DOCKET NUMBER:  AR20180007997


APPLICANT REQUESTS:  A change to his narrative reason for separation from completion of required active service to medical retired or Chapter 61.

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)
* Purple Heart certificate
* Letters from the Department of Veteran Affairs (VA)

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 he is diagnosed with traumatic brain injuries (TBI) in the Army and post-traumatic stress disorder (PTSD) but didn't go to medical boards due to his severe anxiety health conditions.  He just wanted to be out and be with family, he was stop loss on his last deployment also and it was too much to deal with at the time.  He was awarded the Purple Heart for his wounds for his TBI on his last tour in Baghdad, Iraq due to a suicide car bomb.  He was 3 meters away from the explosion and got medically evacuated.  Now he is 100% permanent and total with the VA with traumatic injuries and PTSD.  He has attached VA documents of ratings and Purple Heart award received.

3.  The applicant provides:

* Purple Heart certificate, dated 24 September 2012 for wounds received in action on 20 January 2009 in Iraq
* VA letter, dated 13 September 2017, which states a decision regarding his entitlements to VA benefits; dependents’ educational assistance effective date 29 August 2017 and PSTD with depressive disorder to include TBI (claimed as anxiety) percentage is 100
* VA letter, dated 25 September 2017, which states in response to the request received in the VA office, they have provided the applicant’s records for notification letter dated 13 September 2017
* VA letter, dated 27 October 2017, which states the VA is proving the applicant with this letter so he may receive commissary store and exchange privileges from the Armed Forces; it is to certify the applicant is an honorably discharged Veteran of the Army and is entitled to disability compensation at the 100 percent rate due to permanent service connected disabilities

4.  A review of the applicant’s service record shows the following:

	a.  He enlisted in the Regular Army on 24 March 2005.  He held an artillery military occupational specialty.  He served in Iraq from 9 December 2005 to 30 December 2006 and 17 March 2008 to 16 March 2009. 

	b.  On 24 September 2012, he was awarded the Purple Heart for wounds received in action on 20 January 2009 in Iraq while assigned to 4th Battalion, 42nd Field Artillery Regiment, 4th Infantry Division.

	c.  On 15 July 2009, he was released from active duty in the rank of specialist/E-4 under honorable conditions under provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) Chapter 4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years, 3 months, and 22 days of active service.  It also shows: 

* The narrative reason for separation states completion of required active service
* The authority as chapter 4 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations)
* Separation Code, MBK
* Reentry Code of 1 (fully eligible to reenlist) 

5.  After completion of service:  

	a.  On 25 September 2017, he was issued a letter from VA in regards to the letter from the same office on 13 September 2017, which awarded him 100% service-connected disability.

	b.  On 27 October 2017, he was issued a letter from VA notifying him that he may receive commissary store and exchange privileges from the Armed Forces.  It is to certify he is an honorably discharged Veteran of the Army and is entitled to disability compensation at the 100% rate due to permanent service connected disabilities.

6.  An advisory opinion was received from the Medical Advisor/Clinical Psychologist, Army Review Boards Agency, on 22 August 2018, to determine if the applicant’s alleged medical condition(s) warranted separation through medical channels and a medical retirement.

	a.  A review of VA medical records indicated the applicant has a 100% service connected disability rating for diagnoses of PTSD with depressive disorder to include traumatic brain injury (claimed as anxiety).  He has received consistent outpatient care from the VA since his time of discharge with indication of continued behavioral health difficulties in the areas of sleep, depression, and guilt.  Since separation, he has also experienced new symptoms of seeing blood on his hands and hearing voices related to deployment experiences.

	b.  Based on a thorough review of available medical records, there is sufficient evidence that the applicant met full criteria for PTSD at the time of separation and that further evaluation to determine a disposition through medical channels could have been considered.  Prior to his separation, the applicant endorsed some improvement in symptoms; however, it is not clear if medical conditions met or failed Army retention criteria based on evidence that just prior to separation, some medical providers questioned a possible placement in the WTU (Warrior Transition Unit) and the applicant was started on new medications based on the impact of symptoms on his functioning and emotional difficulties (i.e. irritability, feeling on edge, hypervigilance, anxiety, grief, avoidance, and use of alcohol for self-medication).  PTSD symptoms have continued to impact his mood and functioning, resulting in regular psychotherapy services and use of anti-psychotic medications due to a worsening of symptoms.  Given his impairment and need for continued supportive services, it is recommended that his behavioral health conditions be considered for dispositioning through medical channels.

7.  On 23 August 2018, the applicant was provided with a copy of this advisory opinion for acknowledgement and/or rebuttal.  There was no response by the applicant.

8.  AR 40-501 (Standards of Medical Fitness) governs:

* Medical fitness standards for enlistment, induction, and appointment, including officer procurement programs
* Medical fitness for retention and separation, including retirement
* Medical fitness standards for diving, Special Forces, Airborne, Ranger, free fall parachute training and duty, and certain enlisted military occupational specialties and officer assignments
* Medical standards and policies for aviation
* Physical profiles
* Medical examinations and periodic health assessments

9.  AR 635-40 (Physical 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 or her office, grade, rank, or rating.

10.  By regulation, AR 635-200 chapter 4, A Soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the findings made within the medical advisory, the Board concluded there was sufficient medical evidence to have the applicant’s medical records reviewed in Integrated Disability Evaluation System (IDES) for possible MEB and PEB processing. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be forwarded to the Office of the Surgeon General for review and possible processing within the Integrated Disability Evaluation System (IDES) in order to determine whether the applicant’s discharge should be changed to a medical retirement.
	 
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.  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 (AR) 40-501 (Standards of Medical Fitness) chapter 3 gives the various medical conditions and physical defects which may render a Soldier unfit for further military service and which fall below the standards required.  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 they were to remain in the military Service
* This may involve dependence on certain medications, appliances, severe dietary restrictions, or frequent special
* treatments, or a requirement for frequent clinical monitoring
* May compromise the health or well-being of other Soldiers
* May prejudice the best interests of the Government if the individual were to remain in the military Service

3.  AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System (DES) 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.  It provides for medical evaluation boards, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria prescribed in AR 40-501, which governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.

4.  AR 635-200 (Active Duty Enlisted Administrative Separations) chapter 4, a soldier will be separated upon expiration of enlistment or fulfillment of service obligation.

5.  On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to:  mental health conditions, including PTSD; TBI; sexual assault; sexual harassment.  Boards were directed to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences.  The guidance further describes evidence sources and criteria, and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge.

ABCMR Record of Proceedings (cont)	 AR20180007997


5


1