IN THE CASE OF: BOARD DATE: 12 February 2022 DOCKET NUMBER: AR20210005439 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 20 August 2010 to reflect placement on the Permanent Disability Retired List (PDRL) due to post-traumatic stress disorder (PTSD). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Department of Veterans Affairs (VA) Health Record (161 pages) FACTS: 1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file. 2.The applicant states he would like for his DD Form 214 to reflect he was dischargeddue to his disability of PTSD. 3.The applicant provides his VA health record (161 pages) which includes: •self-reported medical •information from his VA health record •his military service information from the Department of Defense (DoD) 4.A review of the applicant’s service record shows: a.He enlisted in the Regular Army on 31 July 1991. b.Orders 93-5, dated 3 April 1995, released the applicant from active duty with aneffective date of 11 April 1995. c. He was honorably released from active duty on 11 April 1995. His DD Form 214 shows he completed 3 years, 8 months, and 11 days of active service with no lost time and no foreign service time. d. Orders 00-048-002, dated 17 February 2000, honorably discharged the applicant from the U.S. Army Reserve (USAR) with an effective date of 17 February 2000. e. He enlisted in the Army National Guard (ARNG) on 2 November 2009. f. Orders 034-212, dated 3 February 2010, ordered the applicant to active duty in support of Operation Iraqi Freedom with a report date of 7 February 2010 and an active duty period not to exceed 336 days. g. Orders 211-0285, dated 30 July 2010, released the applicant from active duty, not by reason of physical disability, with an effective date of 20 August 2010. h. He was honorably released from active duty on 20 August 2010. His DD Form 214 shows he completed 6 months and 14 days of active service with no lost time. It also shows he served in Kuwait/Iraq from 3 March 2010 to 27 July 2010. He was assigned separation code MBK and the narrative reason for separation listed as “Completion of Required Active Service.” i. A DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) shows on 21 February 2019, a board found the applicant physically unfit, recommended a rating of 100% and that his disposition be permanent disability retirement. His sole unfitting condition was listed as PTSD (VASRD Code 9411). The Disability section noted “the Soldier reported onset of the condition in 2010 related to combat stressors during his deployment to Iraq while on active duty.” On 21 February 2019, the applicant concurred with the findings and waived a formal hearing. Additionally, DA Form 199, Section V (Administrative Determinations) indicated: (1) The disability disposition was based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, 6303). (2) The disability did result from a combat related injury under the provisionsof 26 USC 104 or 10 USC 10216. j. Orders 093-1013, dated 3 April 2019, discharged the applicant from the ARNG and assigned him to The Retired Reserve with an effective date of 1 April 2019. k.He was placed on the PDRL with an honorable characterization of service and aneffective date of 1 April 2019. His NGB Form 22 (National Guard Report of Separation and Record of Service) shows his net service for the period as 9 years and 5 months, with 3 years, 9 months, and 25 days of prior Reserve component service, and 3 years, 8 months, and 11 days of prior active federal service. 5.The applicant indicated his case was a reconsideration; however, a review ofABCMR Docket Number AR20190013194 shows the applicant’s request of addingPTSD to his DD Form 214 for the purpose of increasing education benefits was notwithin the purview of the Board. His case was closed without prejudice or action by theBoard. 6.By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's mostrecent period of continuous active duty. It provides a brief, clear-cut record of all currentactive, prior active, and prior inactive duty service at the time of release from activeduty, retirement, or discharge. The information entered thereon reflects the conditionsas they existed at the time of separation. Block 28 (Narrative Reason for Separation) isbased on regulatory or other authority and can checked against the cross reference inAR 635-5-1 (Separation Program Designator (SPD) Codes). 7.By regulation (AR 635-5-1), in effect at the time, enlisted Soldiers receive separationcodes in accordance with the guidelines published for separations per Army Regulation635-200 (Active Duty Enlisted Administrative Separations). The narrative reason for theseparation will be entered in block 28 of the DD Form 214 exactly as listed in tables 2-2or 2-3 of the regulation. Table 2-3 lists for the SPD code “MBK” the narrative reason“Completion of Required Active Service,” per AR 635-200. 8.By regulation (AR 635-40), the mere presence of a medical impairment does not inand of itself justify a finding of unfitness. In each case, it is necessary to compare thenature and degree of physical disability present with the requirements of the duties theSoldier may reasonably be expected to perform because of his or her office, grade,rank, or rating. Paragraph 3-2 states disability compensation is not an entitlementacquired by reason of service-incurred illness or injury; rather, it is provided to Soldierswhose service is interrupted and who can no longer continue to reasonably performbecause of a physical disability incurred or aggravated in military service. 9.Based on the applicant’s condition the Army Review Boards Agency medical staffprovided a medical review for the Board members. See "MEDICAL REVIEW" section. 10.MEDICAL REVIEW: 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), the Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV). The applicant requests for his DD Form 214 to reflect that he was discharged for disability PTSD. Currently, the DD Form 214 shows narrative reason for discharge as completion of required active service under provisions of AR 635-200, chapter 4. He was released from active duty 20Aug2010. In essence, the applicant request for PTSD condition to be found to have been unfitting in 2010. His BH condition will be reviewed under separate cover by a BH specialist. This review will focus on his other medical conditions at the time of separation in 2010. a.The PEB convened 21Feb2019 found the applicant unfit for PTSD. The case wasadjudicated as part of IDES and as such the rating for PTSD was determined by the VA. The PEB applied the 100% rating as evaluated by the VA. The applicant’s disposition was permanent disability retirement. The following conditions were determined to meet retention standards of AR 40-501 chapter 3: Muscle Weakness; Bell’s Palsy; Right Wrist Condition; and Right Knee Condition. (1)Muscle Weakness. The applicant reported left side muscle weakness for which he was evaluated in October 2014.(2)Bell’s Palsy. The 27Jul2011 Periodic Health Exam showed the applicant was diagnosed with Bell’s Palsy on 21Apr2011. He was hospitalized, but the condition eventually resolved.(3)Right Wrist Condition (Radial/Cubital Tunnel Syndrome). The applicant had repair of right ulnar nerve/cubital tunnel and radial tunnel surgical repair at Clinic on 02Feb2017.(4)Right Knee Condition (Patellofemoral Chondromalacia). The applicant reported that he had gradual onset of knee pain without known trauma in 2010. The 15Sept2011 Knee Conditions C&P exam showed right knee flexion to 130 degrees (normal 140); and extension to 0 degrees (normal). He had not been evaluated by a specialist yet. He began physical therapy in October 2011. The 04Oct2011 knee MRI degenerative changes in the medial meniscus and patellar cartilage. No definite tear. He experienced right knee problems since returning home from Iraq in August 2010 (27Oct2011 Chronological Record of Medical Care). He did not have a LOD. 18Nov2011 Orthopedic Consult. The 20Dec2011 Chronological Record of Medical Care indicated that the initial temporary L3 profile was completed 09Dec2011. The 09Oct2012 Functional Capability-Lower Extremity-Knee/Leg assessment indicated that he could run on the knee at his own pace/distance. 14Nov2012 Perm profile (DA Form 3349) PULHES 112111 with the only restriction—no 2 mile run APFT; walk was okay. b.Summary of other pertinent medical records. (1)24Oct2009 Report of Medical History (for enlistment). He endorsed being ingood health. He revealed history of broken ankle; Allergic Reactions; andAppendix removal at age 23. The 24Oct2009 Report of Medical Exam revealedthat his physical exam showed no abnormalities. The physical profile wasPULHES 111111. He was deemed qualified for service. (2)06Feb2010 Periodic Health Exam showed physical profile PULHES 111111 (3)10Feb2010 Report of Medical Assessment. The applicant denied that that hehad any conditions which limited his ability to work in his primary MOS orrequired geographic or assignment limitations. Right Knee Condition wasmentioned “but no LOD in record”. (4)02Mar2010 Pre Deployment Health Assessment. He endorsed “very good”health (5)20Aug2010 the applicant was released from active duty, not by reason ofphysical disability. The reason for discharge was completion of required activeservice. (6)08Jan2011 Post Deployment Health Re-Assessment for the Iraq deployment.He endorsed “very good” health. The following deployment related concernswere described: Generally feeling weak; chest pain/pressure with stress; andsome BH symptoms. (7)27Jul2011 Periodic Health Exam showed physical profile PULHES 111111 (8)08Aug2011 Reserve Health Readiness Program. Service member wasphysically fit for retention under provisions of AR 40-501, Standards of MedicalFitness. Service member was able to deploy to an austere environment withinthe next 6 months. c.Based on records available for review, evidence was insufficient to support thatthe applicant had conditions that did not meet retention standards at the time of REFRAD in 2010. In addition, evidence was also insufficient to support that he had other condition (besides PTSD) which failed medical retention standards in accordance with AR 40-501 chapter 3 at the time of the medical discharge proceedings. Recommend: No change to previous MEB/PEB processing. 12.BEHAVIORAL HEALTH REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: Documentation does not support the applicant failed medical retention standards for PTSD at the time of his 2010 discharge from Active Duty service. Rather, medical records focus on a knee injury until 2018 when PTSD was added related to the VA diagnosis and service connection. Moreover, the applicant denied behavioral health concerns or symptoms during physicals, PHAs, and PDHAs. Accordingly, a referral to the Disability Evaluation System (DES) or changes to the DD214 are not warranted. a.The applicant was discharged from the Army Reserve National Guard (ARNG) on01 April 2019 and placed on the Permanent Disability Retired List (PDRL) for PTSD with an Honorable characterization. Previously, the applicant was discharged from Active Duty on 20 August 2010, Completion of Required Active Service, with an Honorable characterization. The applicant is requesting his placement on PDRL be backdated to 20 August 2010, with associated changes on his DD214, asserting he was unfit at the time of his discharge from active service due to PTSD. b.Active duty electronic medical records contain three appointments; medical waiverfor an immunization, abdominal pain likely food poisoning, and PDHA in June 2010 with no diagnosis made. c.Hard copy medical records from his time in the ARNG include a variety ofphysicals, PHAs, and PDHAs from October 2009 through January 2017 in which “mental health” concerns, symptoms, and diagnosis/es were denied. Additionally, he was not on profile for a behavioral health condition, S1, until 2018. Moreover, Functional Capacity Certifications were void of behavioral health. Rather, the focus of treatment, profiles, and Functional Capacity Certifications was a knee injury. The first notation of a behavioral health condition was found in an August 2018 note which indicated “newly confirmed diagnosis of PTSD with Conversion Disorder through VA.” d.The applicant is 100% service connected for PTSD. In September 2011, theapplicant had an OEF/OIF screening reporting the only combat related ailment was his knee. In February 2018, the applicant had a Persian Gulf Registry appointment. He reported depression, anxiety, and nightmares; however, it is noted he held no behavioral health diagnosis. That same month, Neurology referred the applicant to behavioral health after diagnosing Conversion Disorder; medical symptoms were void of a physical basis, rather due to stress and/or behavioral health difficulties. The applicant reported a hospitalization at age 18 after his father committed suicide. Otherwise, the applicant denied any prior behavioral health treatment or diagnosis. Additionally, all medications prescribed, that could have been related to behavioral health, were for complex migraines. In follow up, the applicant indicated his wife and he wondered if he had PTSD. The applicant was diagnosed with Major Depressive Disorder (MDD) and Conversion Disorder. At the next session, the applicant noted he had a PTSD Compensation and Pension (C&P) exam a month prior by a civilian psychiatrist. e.The February 2019 Physical Evaluation Board (PEB) found the applicant unfit forcombat related PTSD. While the document indicated the applicant asserted symptoms started in 2010, documentation does not support the applicant failed retention standards at the time of discharge in 2010. BOARD DISCUSSION: The Board carefully considered the applicants request, supporting documents, evidence in the records, and regulatory guidance. The Board considered the applicant's statement, the medical records, and the review and conclusions of the medical reviewing official. Based upon a preponderance of the evidence, the Board concurred with the medical reviewer’s finding of insufficient evidence the contested medical conditions warrant a change to the applicant’s separation status. In addition, the Board agreed regulatory guidance does not provide for listing PTSD on the DD Form 214. 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. X 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, United States Code, section 1552(b), provides that applications forcorrection of military records must be filed within 3 years after discovery of the allegederror or injustice. This provision of law also allows the ABCMR to excuse an applicant'sfailure to timely file within the 3 year statute of limitations if the Army Board forCorrection of Military Records (ABCMR) determines it would be in the interest of justiceto do so. 2.Army Regulation 635-5 (Separation Documents), in effect at the time, states the DDForm 214 is a summary of the Soldier's most recent period of continuous active duty. Itprovides a brief, clear-cut record of all current active, prior active, and prior inactive dutyservice at the time of release from active duty, retirement, or discharge. Theinformation entered thereon reflects the conditions as they existed at the time ofseparation. Block 28 (Narrative Reason) is based on regulatory or other authority andcan checked against the cross reference in AR 635-5-1 (Separation ProgramDesignator (SPD) Codes). 3.Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at thetime, provides separation program designator (SPD) codes are three-characteralphabetic combinations that identify reasons for, and types of, separation from activeduty. The narrative reason for the separation will be entered in block 28 of the DD Form214 exactly as listed in tables 2-2 or 2-3 of the regulation. Table 2-3 lists for the SPDcode “MBK” the narrative reason “Completion of Required Active Service,” per AR 635-200. 4. Army Regulation 40-501 (Standards of Medical Fitness), in effect at the time, provided medical fitness standards of sufficient detail to ensure uniformity in medical evaluation of certain enlisted military occupational specialties and officer duty assignments in terms of medical conditions and physical defects which are causes for rejection or medical unfitness for these specialized duties. Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), states the various medical conditions and physical defects which may render a Soldier unfit for further military service. Soldiers with conditions listed in this chapter will be evaluated by a medical board and will be referred to a physical evaluation board (PEB). 5. Army Regulation 635-40 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. 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. Once a determination of physical unfitness is made, all disabilities are rated using the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD). Paragraph 3-2 states 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 military service. 6. 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, traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based, in whole or in part, on those conditions or experiences. //NOTHING FOLLOWS//