IN THE CASE OF: BOARD DATE: 25 February 2022 DOCKET NUMBER: AR20210011250 APPLICANT AND HIS COUNSEL REQUEST: * reconsideration of his prior request to change his separation from a transfer to the United States Army Reserve (USAR) Control Group Retired Reserve to placement on the Permanent Disability Retired List (PDRL) * a video/telephonic appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Counsel’s Brief * ABCMR Docket Number AR20170003221 * Department of Veterans Affairs (VA) Decision dated 27 March 2019 FACTS: 1. Incorporated herein by reference are military records which are summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20170003221 on 25 August 2020. 2. The applicant states he is requesting to be moved to the “disabled retirement” list. He was separated for his medical and mental health conditions. He should have deemed permanent disabled and retired as “permanently disabled.” Applicant’s counsel further noted in his brief: a. The applicant requests referral to the Disability Evaluation System, a disability rating over 30%, and change from the USAR Control Group Retired Reserve to placement on the PDRL. Counsel provides a brief summary of the applicant’s military service noting his three periods of active duty two in which the applicant deployed in support of Operation Iraqi Freedom (OIF). On 21 May 2012, the applicant retired and was assigned to the USAR Control Group (Retired Reserve) under NGR 600-200, paragraph 6-351 (8) (Medically unfit for retention per AR 40-501). He completed 17 years, 2 months, and 24 days of active service. He was then notified on 10 July 2012 of his eligibility for retired pay at age 60. b. In 2017, the applicant petitioned the ABCMR to place him on the PDRL. He was never provided notification of the medical advisory opinion nor given an opportunity to submit a rebuttal. The date of the medical advisory opinion is not provided in the Record of Proceedings (ROP). Counsel outlines the decision of the medical advisor, the ROP and counsel’s brief are available for review by the Board. On 25 August 2020, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s narrative reason for separation. c. Counsel contends that the medical Advisor stated in his advisory opinion, "merely identifying diagnosed psychiatric conditions that, per regulation, are disqualifying, does not equate to being disabled and eligible for a MEB." There was no discussion or analysis by either the medical advisor or the board on why that was the case. Understanding the VA does not have authority or responsibility for determining physical fitness for military service, the disability rating is helpful in determining the severity of the disability. In this case, the VA has rated the Applicant 100% disabled, as of 29 January 2018. Additionally, the medical advisor did not discuss in the advisory opinion what the Army should be evaluating when determining a medical retirement. The medical advisory opinion is not binding on the Board and therefore, the Board failed to do its required duty in detailing its analysis and findings. 3. The applicant and his counsel provide: a. ABCMR Docket Number AR20170003221, dated 25 August 2020, previously referenced and available for review by the Board. b. A VA Decision letter, dated 27 March 2019, which states the evaluation of his migraines, previously rated at 0% was increased to 30% effective 23 October 2018. The applicant’s combined evaluation rating timeline is also provided: * 20% - 10 February 2005 * 30% - 16 May 2006 * 60% - 30 March 2010 * 80% - 26 July 2012 * 90% - 24 June 2016 * 90% - 2 January 2017 * 100% - 29 January 2018 4. A review of the applicant’s service record shows: a. He enlisted in Army National Guard (ARNG) on 28 February 1995. b. His Enlisted Record Brief shows he deployed twice to Iraq: * 26 February 2004 to 6 December 2004 * 16 April 2009 to 30 January 2010 c. His DD Forms 214 (Certificate of Release or Discharge from Active Duty) show he served three periods of active duty: (1) He entered active duty on 3 February 1997. He was released from active duty training with an uncharacterized characterization of service on 28 April 1997. He completed 2 months and 26 days of active service. He was assigned separation code MBK and the narrative reason for separation listed as “Completion of Required Active Service.” (2) He entered active duty on 1 October 2003. He was honorably released from active duty on 9 February 2005. He completed 1 year, 4 months, and 9 days of active service. He was assigned separation code LBK and the narrative reason for separation listed as “Completion of Required Active Service.” (3) He entered active duty on 11 February 2009. He was honorably released from active duty on 29 March 2010. He completed 1 year, 1 month, and 19 days of active service. He was assigned separation code MBK and the narrative reason for separation listed as “Completion of Required Active Service.” d. A DA form 3349 (Physical Profile), dated 16 February 2012, shows the applicant was issued a permanent profile rating of 3 for physical capacity/stamina and psychiatric conditions due to depression, panic attacks, and alcohol abuse/dependency. Block 7 (Does the Soldier Meet Retention Standards IAW Chapter 3 AR 40-501) was marked “No” and indicated the applicant needed a medical evaluation board (MEB). e. A memorandum, dated 12 March 2012, notified the Office of the Adjutant General, Soldier Action Branch, that the applicant no longer met Army medical standards for retention based on his medical conditions of alcohol dependency, severe depression, panic attacks, and multiple anti-depressants. f. On 20 March 2012, the applicant was notified by memorandum that in reviewing his medical records, current retention physical, and permanent profile, a determination had been made that he no longer met Army medical standards for retention based on his medical conditions. He was required to elect one of the following options: * discharge from the ARNG and as a Reserve of the Army * transfer to the Retired Reserve * request a non-duty related Physical Evaluation Board (PEB) to appeal the decision if he wished to be retained g. The applicant completed the Medical Disqualification Election Form which indicated he understood that he was physically unfit for retention in the Army, specifically the ARNG and elected to be transferred to the Retired Reserves. h. Orders 192-895, dated 10 July 2012, discharged the applicant from the ARNG with an effective date of 21 May 2012. He would be assigned to The Retired Reserve the following day. i. He was honorably discharged from the ARNG on 21 May 2012. His NGB Form 22 (Report of Separation and Record of Service) shows he completed 17 years, 2 months, and 24 days of net service for the period. The authority and reason for his discharge noted the applicant was “medically unfit for retention per AR 40-501.” 5. By regulation (AR 15-185), an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 6. By regulation (NGR 600-200), Commanders who suspect that a Soldier may not be medically qualified for retention, will direct the Soldier to report for a complete medical examination per AR 40-501. Commanders who do not recommend retention will request the Soldier's discharge. When medical condition was incurred in line of duty, the procedures of AR 600-8-4 will apply. Discharge will not be ordered while the case is pending final disposition 7. By regulation (AR 635-40), the Army disability system 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. The regulation 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. 8. 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 may compensate the individual for loss of civilian employability. 9. Title 38, United States 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 an error or injustice on the part of the Army. 10. Title 38, Code of Federal Regulations, Part IV is the VA’s schedule for rating disabilities. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge. As a result, the VA, operating under different policies, may award a disability rating where the Army did not find the member to be unfit to perform his duties. 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. 11. MEDICAL REVIEW: The applicant is applying to the ABCMR requesting a change to his Honorable discharge contending that behavioral health conditions, PTSD, depression and panic attacks should have been addressed, at that time, for consideration of a medical retirement. a. The Army Review Board Agency (ARBA) Medical Advisor reviewed the applicant’s completed DD149 and supporting documentation and his military separation packet. The applicant's records in the VA's Joint Legacy Viewer (JLV) and the Armed Forces Health Longitudinal Technology Application (AHLTA) were also reviewed. Hard copy military medical records or civilian medical documentation was not provided for review. The following findings and recommendations are duly outlined herein. b. Review of the applicant’s military documentation indicates that he enlisted in the Army National Guard on 28 Feb 1995. He was placed on active duty from 03 Feb 1997 - 28 Apr 1997 (Uncharacterized discharge); 01 Oct 2003 - 09 Feb 2005 (Honorable discharge); and 11 Feb 2009 - 29 Mar 2010 (Honorable discharge). During his time in service, he was deployed overseas to Iraq from 26 Feb 2004 - 06 Dec 2004 and from 16 Apr 2009 - 30 Jan 2010. His awards included the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal and Iraq Campaign Medal with Campaign Star. His job position was as an Automated Logistics Specialist. He received an Honorable discharge from the Army National Guard on 21 May 2012 with Narrative Reason for Separation, Medically Unfit for Retention per AR 40-501. c. The military medical records included a Physical Profile, dated 16 Feb 2012, with 311113 ratings on the PULHES. The (3) for Psychiatric included, “(P3) Alcohol Abuse vs Dependence, (S3) Severe Depression…(S3) Severe Panic Attacks with Agoraphobia…(P3) Multiple antipsychotics not suitable for deployment.” A Medical Disqualification for Retention letter, Department of Public Safety, Joint Force Headquarters, National Guard, dated 12 Mar 2012 indicated, “soldier no longer meets Army medical standards for retention based on alcohol dependence, severe depression, panic attacks, multiple antipsychotics not suitable for deployment.” The letter further noted one of the soldier’s options was, “may request a non-duty related Physical Evaluation Board (PEB) to appeal this decision if you wish to be retained.” He opted to be transferred to the Retired reserves. d. The Armed Forces Health Longitudinal Technology Application (AHLTA) had a total of three previous encounter notes for medical and behavioral health. One of these, a Theater Clinic note, dated 28 Sep 2009, indicated insomnia as the reason for the visit. It further noted, “pt c/c is not able to sleep x2 months…pt states that he doesn’t smoke and only drinks water before bedtime. Pt states that he doesn’t have any prior sleep issues before the deployment.” The provider diagnosed him with “Sleep Disturbance” and released him without limitations to his unit. An SRP note, Social Work Clinic, Winn ACH, dated 03 Feb 2010, indicated his report of no prior behavioral health history. He reported current PTSD symptoms including, “re-experiencing the event, nightmares of the event, hypervigilance, difficulty falling asleep, staying.” He denied any anxiety symptoms and no TBI was reported. The provider did not provide any diagnosis, but did suggest he “schedule a follow-up with VA, locale MTF or MOS.” The Problem List did include “Assessment of Patient Condition Work Status, Sleep Disturbances.” e. The VA electronic medical record, Joint Legacy Viewer (JLV) did indicate a 100% Service Connected Disability with Posttraumatic Stress Disorder 70%, Irritable Colon 30%, Flat Foot Condition 30%, Paralysis of Sciatic Nerve 20%, Limited Extension of Thigh 10% and Tendon Inflammation 10%. An Individual Psychotherapy/Initial Intake for TRP note, dated 14 Jun 2015 indicated, “Veteran served in the Army from 1995-2012 and reported two combat tours in Iraq from 2003-2005 and 2009-2010. He reported hx of traumatic events related to combat but refused to give specifics, reportedly due to his need for avoidance…the most important issues or concern that he would like to have addressed in treatment for PTSD are his nightmares which disrupt his sleep and his irritability…denied any previous therapy treatment.” The licensed clinical social worker diagnosed him with PTSD, Chronic (combat related) and Alcohol Dependence (per history). A Mental Health Consult, dated 27 Feb 2017 noted, “Veteran reported his current complaints are…depression, anxiety, being withdrawn…He noted these symptoms have been occurring for over ten years, but got worse after his second deployment and multiple deaths in his family in 2010.” The psychologist further indicated, “a note from a C&P evaluation in 20 Dec 2010 was found during record review and indicated the following traumatic experiences…in 2004 mortar attacks, saw a vehicle that has been hit by IED, there were pieces of flesh…ambushed during convoy…very afraid, did not know if I was going to live or die, what could I do except to try and fight back…people got hurt, there was a lot of shooting and yelling.” From his second deployment, he reported, “incoming mortar fire…I feared for my life every day…there were incoming 3-4x per week, maybe lost 10 soldiers from my unit…Veteran reported drinking had been a problem for him when he was drinking…half a gallon a week…In Jan 2016, he reduced his drinking to once a week over the weekend or on his own.” The psychologist diagnosed him with Posttraumatic Stress Disorder, Chronic. The Problem List included Posttraumatic Stress Disorder, Unspecified (14 Oct 2015) and Assessment of Patient Condition Work Status (04 Feb 2010). f. Review of the applicant’s military medical records indicate the following: (1) A Physical Profile (16 Feb 2012) indicated a PULHES of (311113), including (P3) Alcohol Abuse vs Dependence, (S3) Severe Depression, (S3) Severe Panic Attacks with Agoraphobia and (P3) multiple antipsychotics not suitable for deployment. (2) A Medical Disqualification for Retention letter, ARNG (12 Mar 2012), indicated that he no longer met Army medical standards for retention based on alcohol dependence, severe depression, panic attacks, multiple antipsychotics not suitable for deployment. The letter also advised he could request a non-duty related PEB to appeal this decision. (3) An SRP note while still on active duty, Fort Stewart (03 Feb 2010), noted his report of PTSD related symptoms including flashbacks, nightmares, hypervigilance and sleep problems. Despite not being diagnosed, he was encouraged to schedule a follow-up with VA, locale MTF or MOS. (Note: The VA C&P evaluation, Dec 2010, corroborated and amplified his claims at the SRP regarding the extent of his exposure to combat related traumatic events and trauma/stressor related symptoms). (4) There is no indication in his military records that he was ever referred for an MEB regarding behavioral health conditions during his time in service, despite failing to meet medical standards for retention for behavioral health conditions while still assigned to the ARNG. g. Review of the VA electronic medical record (JLV) indicates a 100% Service Connected Disability with Posttraumatic Stress Disorder 70%, Irritable Colon 30%, Flat Foot Condition 30%, Paralysis of Sciatic Nerve 20%, Limited Extension of Thigh 10% and Tendon Inflammation 10%. (1) It is important to understand that any VA findings of service connection does not automatically result in a military medical retirement. The VA operates under different rules, laws and regulations when assigning disability percentages than the Department of Defense (DOD). In essence, the VA will compensate for all disabilities felt to be unsuiting. The Department of Defense, however, does not compensate for unsuiting conditions. It only compensates for unfitting conditions. Based on the available military records, there is indication that the applicant suffered from unfitting psychiatric conditions, as with trauma/stressor related symptoms, depression and panic attacks during his period of active duty and active status with the ARNG that impaired his capacity to meet military retention requirements. (2) It is also important to note that the Department of Defense does not compensate service members for anticipated future severity or potential complications of conditions that were incurred during active military service. This is a role reserved for the VA. h. In conclusion, the following determinations are made. (1) The applicant’s military records do support the presence of boardable behavioral health conditions of trauma/stressor related symptoms, depression and panic attacks. (2) The applicant’s military records suggest that the applicant did not meet medical retention standards with regard to behavioral health conditions IAW AR 40-501 during his period of active duty and/or active status with the ARNG. (3) Applicant’s behavioral health conditions DO support separation through medical channels. (4) The applicant’s medical conditions regarding behavioral health symptoms, diagnoses and adverse impact on him specific to trauma/stressor related symptoms, depression and panic attacks were not duly considered during medical separation processing from active duty and from the ARNG. i. It is the opinion of the Agency psychologist that a referral of the applicant’s record to IDES for consideration of military medical disability (retirement) for trauma/stressor related symptoms, depression and panic conditions are sufficiently warranted at this time. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 1. After review of the application and all evidence, the Board found some relief is warranted. The applicant’s contentions, medical concerns, and the medical advisory opinion were carefully considered. Based upon the preponderance of the evidence, the Board agreed the applicant’s record should be referred to the Office of the Surgeon General for medical evaluation consideration, with all relief dependent upon a final medical determination. 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: 1. The Board determined that the evidence presented was 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 corrected by referring his records to The Office of the Surgeon General for review to determine if he should have been discharged or retired by reason of physical disability under the Legacy Disability Evaluation System (DES). a. In the event that a formal physical evaluation board (PEB) becomes necessary, the individual concerned will be issued invitational travel orders to prepare for and participate in consideration of his case by a formal PEB. All required reviews and approvals will be made subsequent to completion of the formal PEB. b. Should a determination be made that the applicant should have been separated under the DES, these proceedings will serve as the authority to void his administrative separation and to issue him the appropriate separation retroactive to his original separation date, with entitlement to all back pay and allowances and/or retired pay, less any entitlements already received. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains changing his type of discharge without evaluation under the DES. 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 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) and the Army National Guard of the United States (ARNGUS) enlisted Soldiers in the functional areas of: Classification and Reclassification, Personnel Management, Assignment and Transfer, including interstate transfer, Special Duty Assignment Pay, Enlisted Separations, and Command Sergeant Major Program. Paragraph 6-35 (Separation/Discharge from State ARNG and/or Reserve of the Army), states following are reasons, applicability, codes and board requirements for administrative separation or discharge from the Reserve of the Army, the State ARNG only, or both. These reasons may be used for separation from the State ARNG only. Subparagraph l(8) medically unfit for retention per AR 40-501 further noted Commanders, who suspect that a Soldier may not be medically qualified for retention, will direct the Soldier to report for a complete medical examination per AR 40-501. If the Soldier refuses to report as directed, see paragraph 6-36u below. Commanders who do not recommend retention will request the Soldier's discharge. When medical condition was incurred in line of duty, the procedures of AR 600-8-4 will apply. Discharge will not be ordered while the case is pending final disposition. This paragraph also includes those Soldiers who refuse or ineligible to reclassify into a new MOS. RE 3. 3. Army Regulation 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 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. a. 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. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. c. Paragraph 3-5 states the percentage assigned to a medical defect or condition is the disability rating. A rating is not assigned until the PEB determines the Soldier is physically unfit for duty. These ratings are assigned from the VA Schedule for Rating Disabilities (VASRD). (1) The fact that a Soldier has a condition listed in the VASRD does not equate to a finding of physical unfitness. An unfitting, or ratable condition, is one which renders the Soldier unable to perform the duties of their office, grade, rank, or rating in such a way as to reasonably fulfill the purpose of their employment on active duty. (2) There is no legal requirement in arriving at the rated degree of incapacity to rate a physical condition which is not in itself considered disqualifying for military service when a Soldier is found unfit because of another condition that is disqualifying. d. 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. The percentage assigned to a medical defect or condition is the disability rating. e. The Temporary Disability Retired List (TDRL) is used in the nature of a “pending list.” It provides a safeguard for the Government against permanently retiring a Soldier who can later fully recover, or nearly recover, from the disability causing him/her to be unfit. Conversely, the TDRL safeguards the Soldier from being permanently retired with a condition that may reasonably be expected to develop into a more serious permanent disability. f. Requirements for placement on the TDRL are the same as for permanent retirement. The Soldier must be unfit to perform the duties of his/her office, grade, rank, or rating at the time of the evaluation. The disability must be rated at a minimum of 30 percent or the Soldier must have 20 years of service. In addition, the condition must be determined to be temporary or unstable. g. Soldiers will be placed on the TDRL when they would be qualified for permanent disability retirement and the preponderance of evidence indicates one or more conditions will change within the next 5 years so as to result in a change in rating or a finding of fit. The Army Disability Evaluation System will re-evaluate each Soldier placed on the TDRL at least once every 18 months. Evaluation may be sooner. Once the PEB finds each condition is stable upon evaluation, the PEB will assign a final rating that includes the ratings for the disabilities determined to be permanent and stable when the Soldier was placed on the TDRL or during preceding TDRL adjudications. When the PEB rates the case, the ratings will be under the VASRD in effect at the time of the current TDRL adjudication. Soldiers who fail to complete a physical examination when ordered will have their disability pay suspended. h. A final determination of the case of each Soldier on the TDRL will be made at the latest upon the expiration of 5 years after the date when the Soldier was placed on the TDRL. If, at the time of that determination the physical disability for which the Soldier was placed on the TDRL still exists, it will be considered to be permanent and stable. Placement on the TDRL confers no right to remain on the TDRL for the entire 5-year period. i. If upon reexamination, Soldiers whose disabilities have stabilized and who are not determined fit for duty and meeting medical retention standards for the conditions for which they were placed on the TDRL will be removed from the TDRL and placed on the PDRL if the physical disability rating remains 30 percent or greater. If upon reexamination, the Solider is found unfit for duty and not meeting medical retention standards but the stabilized physical disability percentage is rated at below 30 percent, the Soldier will be removed from the TDRL and separated with severance pay if the Soldier has less than 20 years of active Federal service. j. Soldiers failing to undergo a physical re-examination as ordered, will be administratively removed from the TDRL on the 5th anniversary of placement on the list without entitlement to any of the benefits provided by Title 10, U.S. Code, section 61. A Soldier’s eligibility to receive disability retirement pay after failure to report for and complete the required periodic examination may be restored if the Soldier later satisfactorily meets the examination requirements and is still qualified for retention on the TDRL. A Soldier’s eligibility to receive retired pay may be made retroactive, not to exceed 1 year, if the Soldier can show just cause for failure to respond to official notice or orders. 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. 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 of less than 30 percent. 6. Title 38, United States Code, Section 1110 (General - Basic Entitlement) sates for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 7. Title 38, United States Code, Section 1131 (Peacetime Disability Compensation - Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. //NOTHING FOLLOWS//