BOARD DATE: 3 April 2020 DOCKET NUMBER: AR20180016484 APPLICANT REQUESTS: Referral of his records to the Army Physical Disability Evaluation System (PDES). 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) * Department of Veterans Affairs (VA) Disability Rating Decision letter, dated 25 November 2016 FACTS: 1. The applicant states he requested consideration for a Medical Evaluation Board (MEB) one year prior to his discharge but was denied the chance. He submitted his VA disability claim prior to discharge and was awarded service-connected disability compensation rated 100 percent one month after his discharge. All issues the VA evaluated were known to Army doctors who denied him the chance for an MEB. All exams conducted by the VA to determine his disability rating were conducted while he was on active duty. 2. The applicant enlisted in the Regular Army on 14 September 2006. 3. The applicant's Enlisted Record Brief, dated 14 September 2016, shows in Section IV (Personal/Family Data) a physical profile serial system code of "111111" and that he passed the Army Physical Fitness Test in April 2015. 4. Orders issued on 16 August 2016 directed the applicant's discharge from the Regular Army effective 6 November 2016. 5. The applicant's DD Form 214 confirms he was discharged on 6 November 2016 under the authority of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 (Separation for Expiration of Service Obligation) by reason of non-retention on active duty. 6. There is no evidence in the applicant's available records indicating he was unable to perform his military duties due to a physical disability. 7. The applicant provided a VA Disability Rating Decision letter, dated 25 November 2016, showing he was granted service-connected disability compensation with a 100 percent disability rating. His compensable service connected conditions were: * sebopsoriasis to include onychomycosis, rated 10 percent * left wrist sprain, rated 10 percent * major depressive disorder, moderate, with anxious distress, rated 50 percent * right knee instability, rated 10 percent * migraines, rated 50 percent * cervical strain, rated 10 percent * lumbosacral strain with thoracic strain, rated 40 percent * right knee strain, rated 10 percent * left knee strain, rated 10 percent * right shoulder strain with rotator cuff tendonitis (major), rated 20 percent * right wrist sprain (major), rated 10 percent * left knee instability, rated 10 percent * left shoulder strain with rotator cuff tendonitis, rated 20 percent 8. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents, the applicant’s iPERMS records and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA), Health Artifacts Image Management Solutions (HAIMS) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: The applicant, with primary MOS 91B10 Wheeled Vehicle Mechanic, is requesting a medical retirement. He contends that he was awarded 100% disability rating from the VA one month after discharge. Regarding the following service connected disabilities (ratings) resulted in significant duty limitations, permanent profiles (active at the time of discharge), recurrent emergency room visits, or extended/recurrent hospitalizations while in service. As such, referral to the Army DES for consideration of medical disability is not indicated: a. Major depressive disorder 50% - During military service, the applicant’s Axis I diagnoses included (but was not limited to) Adjustment disorder, and Bereavement without complications (loss of a child). While he utilized various counseling services: Individual Psychotherapy (Apr to Jun 2013 for bereavement counseling); Family Advocacy Program (non-offender child abuse); Child & Family Assistance Center (Sep 2014 to Mar 2015 learning parenting strategies as the father of an ADHD child); and marital counseling (Jun to Aug 2016), his behavioral health condition never required any profile restrictions-the level was always S1, and never required hospitalization. b. Migraines (50%) - This condition is treated with abortive and maintenance medication. c. Lumbosacral strain (40%) and Cervical Strain (10%) - At the time of discharge, he had re-engaged chiropractic services for pain and stiffness and was seen almost monthly from Dec 2015 to Aug 2016. On 19 Aug 2016, he was released without limitations and was to follow up as needed in 2 weeks (the usual plan). d. Right and Left Shoulder Strain with Rotator Cuff Tendonitis 20% - The applicant had 11 Physical Therapy sessions (11 Jun 2013 to 30 Sep 2013) and was not seen subsequently for this while still in service. e. Right and Left Knee Strain (10% each) and Right and Left Knee Instability (10% each) - At one point he had a P3 permanent profile to allow use of the knee brace with activities. But as of the 24 May 2016 Madigan ORTHO Clinic note, he was no longer using the brace and the specialist advised that he may return to full activity without restriction. f. Right and Left Wrist Sprain (10% each) - The left wrist was profiled with duty limitations in Aug 2011 while deployed. There was no active treatment since Sep 2011. g. Sebopsoriasis 10% - There were two visits (23 Mar and 15 Aug) for skin issues that did not require consultation by dermatology. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and an agency medical official’s review. The Board considered the applicant’s statement, his record of service, his service and post-service medical documentation the reason for his separation and the VA Disability Rating Decision letter he provided. The Board also considered the review by the ARBA medical official. Considering the reason for separation, medical records and the medical review, the Board found insufficient evidence to show that the applicant failed to meet medical retention standards prior to his separation at the expiration of his term of service. Based on a preponderance of evidence, the Board determined that the reason for his separation was not in error or unjust, 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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 40-501 (Standards of Medical Fitness) provides that for an individual to be found unfit by reason of physical disability, he or she 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 40-501, chapter 7 (Physical Profiling) of the regulation in effect at the time of the applicant's separation, provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric. Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment. 3. Army Regulation 635-40 (Disability Evaluation for Retention, Retirement, or Separation) establishes the 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. It provides that an MEB is 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 in Army Regulation 40-501. Disability compensation is not an entitlement acquired by reason of 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. a. Paragraph 3-1 provides that 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 member reasonably may be expected to perform because of his or her office, rank, grade, or rating. b. Paragraph 3-2 provides that when a member is being processed for separation for reasons other than physical disability (e.g., retirement, resignation, reduction inforce, relief from active duty, administrative separation, discharge, etc.), his or her continued performance of duty (until he or she is referred to the PDES for evaluation for separation for reasons indicated above) creates a presumption that the member is fit for duty. 4. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent and Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30 percent. 5. Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish error or injustice on the part of the Army. The Army rates only conditions determined to be physically unfitting at the time of discharge which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability. Unlike the Army, 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) AR20180016484 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1