ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 March 2021 DOCKET NUMBER: AR20200002125 APPLICANT REQUESTS: to be seen by a medical evaluation board (MEB) due to injuries he sustained while serving on active duty and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of Airborne and Jump Master School. 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)1307 . 2 DA Forms 1307 (Individual Jump Record) FACTS: 1. The applicant states his discharge was processed in a manner which precluded receiving the full benefits he earned. 2. The applicant enlisted into the Regular Army on 13 June 2011. He served in Iraq from 31 August 2015 to 6 March 2016. 3. The applicant's Enlisted Record Brief (ERB) shows he completed the Jump Master Course in 2017 and Airborne School in 2016. 4. On 23 October 2017, the applicant signed a DA Form 4991 (Declination of Continued Service Statement) refusing to extend his enlistment or reenlist to comply with a length of service requirement. 5. On 19 January 2019, the applicant was honorably released from active duty due to completion of required active service. He completed 7 years, 7 months, and 7 days of net active service this period. His DD Form 214 does not show he completed the Jumpmaster or Airborne Couse. 6. The applicant did not provide medical evidence showing he was issued a permanent P3 profile or had a condition requiring referral to the Army Disability Evaluation System (DES). 7. Army Regulation 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 office, grade, rank, or rating. 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. 8. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Once a determination of physical unfitness is made, the physical evaluation board (PEB) rates all disabilities. 9. Directive-Type Memorandum (DTM) 11-015 – Integrated Disability Evaluation, dated 19 December 2011, establishes policy, assigns responsibilities, and prescribes procedures for the IDES, which superseded the legacy Disability Evaluation System (DES). It provides that service members whose cases were initiated under the legacy DES process will not enter the IDES. 10. 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. 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. 11. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. 12. Based on the applicant’s condition the Army Review Board Agency medical staff provided a medical review for the Board members. See "MEDICAL REVIEW" section. MEDICAL REVIEW: 1. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV). The applicant requests for his case to be evaluated by an MEB. The applicant also had some administrative requests. 2. The applicant was discharged in January 2019. In the 36 months prior to discharge, the following pertinent medical records were noted: . 15Aug2016 the applicant was seen for neck pain after an airborne operation on 08Jul2016. He reported a previous history the past year that started while heavy lifting on deployment. No neck films were found during service. No follow up visits or physical therapy noted. . 26Oct2017 He was prescribed medication for nausea on flights during his duties as a jumpmaster on long airborne operations. . He was seen by optometry on 15Nov2018 and was diagnosed with Lattice degeneration of retina, bilateral. She was not advised of any profile limitations. Her hearing exam on 24 September2018 showed no abnormalities. 3. He also had one visit for knee pain in December 2013; three visits for headaches in 2011 (normal head CT); and one visit for back pain while in theatre. Of note, his 19Sep2016 flight physical exam showed no current issues or concerns. In preparation for discharge, he had a hearing exam (24Sep2018) and a comprehensive physical exam (15Nov2018) where no abnormalities were found. The applicant’s NCOER covering the period from 20180521 through 20181115 with principle duty title Intelligence Analyst 35F2P showed that the applicant passed his APFT on 20180516 with a score of 239 and that he ‘met the standard’. 4. The applicant submitted some 2019 medical records from OhioHealth which showed medication for Anxiety and Erectile Dysfunction treatment after he was discharged. There were no in-service mental health treatment records available for review. 5. Based on records available for view, evidence is insufficient to support that the applicant had any conditions at the time of discharge, that failed medical retention standards in accordance with AR 40-501 chapter 3 warranting discharge through medical channels. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The Board considered the applicant's statement, his record of service, the Declination of Continued Service statement and the reason for his separation. The Board considered the review and conclusions of the medical advising official. 2. Based on a preponderance of evidence, the Board determined that there was sufficient evidence to support the applicant’s request to show completion of Airborne and Jump Master School. However, the Board concurred with the medical advisory that there was insufficient documentation warranting a discharge through medical channels. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XX :XXX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. That the applicant’s record be corrected to show completion of Airborne and Jump Master School. 2. X CHAIRPERSON 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 635-40 (Disability Evaluation for Retention, Retirement, or Separation) establishes the Physical Disability Evaluation System (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 office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting separation for disability. a. The disability system assessment process involves two distinct stages: the Medical Evaluation Board (MEB) and Physical Evaluation Board (PEB). The purpose of the MEB is to determine whether the service member’s injury or illness is severe enough to compromise his or her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability are either separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retirement payments and have access to all other benefits afforded to military retirees. b. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 2. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement. Once a determination of physical unfitness is made, the PEB rates all disabilities. The VA Schedule for Rating Disabilities is used by the Army and the VA as part of the process of adjudicating disability claims. It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service. This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation. 3. 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. 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. 4. Directive-Type Memorandum (DTM) 11-015 – Integrated Disability Evaluation, dated 19 December 2011, establishes policy, assigns responsibilities, and prescribes procedures for the IDES, which superseded the legacy Disability Evaluation System (DES). It provides that service members whose cases were initiated under the legacy DES process will not enter the IDES. 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. Item 14 shows the Soldier’s Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This item includes title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. //NOTHING FOLLOWS//