IN THE CASE OF: 

		BOARD DATE:  3 August 2022

		DOCKET NUMBER: AR20210015682


APPLICANT REQUESTS: in effect, a medical discharge.

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)
*	Department of Veterans Affairs (VA) Rating Decision, 20 October 2020

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 seeking a change in the reason for his separation. His 
medical conditions made him sick and injured to the point where his military duty was no 
longer possible based on the medical evaluation. The documents read wrong during his 
evaluation; however, they were corrected in 2020.

3.  The applicant provides a VA Rating Decision, dated 20 October 2020, which 
indicated after a review of his VA examination dated 19 October 2020, the following 
decision was made on his claim:

*	bilateral pes planus – 50%
*	dermatitis and tinea corporis – 30%

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

	a.  He enlisted in the Regular Army on 28 October 2004.

   b.  The service record includes the applicant’s medical evaluations for the purposes 
of enlistment which indicated he was generally in good health with a bout of bronchitis in 
the fall two years ago. The applicant was marked qualified for service.
*	DD Form 2807-1 (Report of Medical History) dated 7 October 2004
*	DD Form 2808 (Report of Medical Examination) dated 7 October 2004

   c.  His Enlisted Record Brief shows he served in Iraq from 3 September 2005 to 3 
August 2006.

	d.  Orders 214-0011, dated 2 August 2007, released the applicant from active duty, 
not by reason of physical disability, with an effective date of 27 October 2007. Two 
amendments to the orders were published:

*	Orders 289-0004 dated 16 October 2007 – amended entry on active duty 
(EAD) location from Atlanta, GA to Ft. Gillem, GA
*	Orders 261-0005 dated 18 September 2007 – amended the command to 
which transferred from U.S. Army (USAR) Control Group to Ft. Buchanan, PR 

   e.  He was honorably released from active duty on 27 October 2007. His DD Form 
214 (Certificate of Release or Discharge from Active Duty) shows he completed 3 years 
of active service. He was assigned separation code MBK and the narrative reason for 
separation listed as “Completion of Required Active Service.”

	f.  Orders D-05-107068, dated 3 May 2011, honorably discharged the applicant from 
the USAR with an effective date of 27 April 2011.

	g.  He enlisted in the Regular Army on 28 April 2011.

   h.  The applicant completed medical evaluations for the purposes of enlistment 
which indicated he was generally in good health with an episode of chicken pox when 
he was 5 years old. The applicant was marked qualified for service.
   
*	DD Form 2807-1 (Report of Medical History) dated 23 September 2010
*	DD Form 2808 (Report of Medical Examination) dated 23 September 2010

   i.  His Enlisted Record Brief shows he completed his last Amy Physical Fitness Test 
(APFT) in August 2013 and passed. It also shows a physical profile rating of “2” for his 
lower extremities; however, there are no physical profiles in the available service record.

	j.  Orders 114-0173, dated 24 April 2014, discharged the applicant from active 
service with an effective date of 24 April 2014.

	k.  He was honorably discharged from active duty on 27 April 2014. His DD Form 
214 shows he completed 3 years of active service. He was assigned separation code 
KBK and the narrative reason for separation listed as “Completion of Required Active 
Service.”
	l.  Orders D-05-409375, dated 6 May 2014, honorably discharged the applicant from 
the USAR with an effective date of 6 May 2014.

5.  The applicant's active duty service record was void of documentation that shows he 
was treated for an injury or an illness that warranted his entry into the Physical Disability 
Evaluation System (PDES). Additionally, there is no indication he underwent a medical 
evaluation board (MEB) or a physical evaluation board (PEB).

6.  By regulation (AR 40-501), medical evaluation of certain enlisted military 
occupational specialties and officer duty assignments in terms of medical conditions and 
physical defects are causes for rejection or medical unfitness for these specialized 
duties.  If the profile is permanent the profiling officer must assess if the Soldier meets 
retention standards.  Those Soldiers on active duty who do not meet retention 
standards must be referred to a medical evaluation board. Once a determination of 
physical unfitness is made, disabilities are rated using the VA schedule of disability 
rating.  

7.  By regulation (AR 635-40), 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.  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:

	a.  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.

	b.  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.

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/her 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 Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and/or the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  

    a.  The applicant is applying to the ABCMR requesting a referral to the Disability 
Evaluation System (DES).  He states: “My conditions made me sick and injured to the 
point where military duty was no longer possible based on a medical evaluation of the 
medical conditions.”

    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 for the period of Service under consideration 
shows he entered the regular Army on 28 April 2011 and was honorably discharged on 
27 April 2014 at the completion of his required active service under authority provided in 
chapter 4 of AR 635-200, Active Duty Enlisted Administrative Separations (17 
December 2009).  It does not contain a period of Service in an imminent danger pay 
area.

    c.  Review of his AHLTA records for this period of service reveals multiple visits for 
right knee pain.  MRI of the knee in July 2013 revealed a tear of the posterior horn of 
the lateral meniscus.  He was evaluated by orthopedics in October, and the surgeon did 
not feel the tear was the source of his knee pain:

“Assessment and Plan: 28-year-old active-duty male with a several month history 
of RIGHT knee pain.  He does have evidence of a likely lateral meniscus tear, 
but in the absence of mechanical symptoms and his report of medial sided pain, I 
am reluctant to offer the patient arthroscopic treatment of his lateral meniscus 
injury at this time.  He continues to emphasize that the pain is located medially 
and is burning in nature.  It's possible that he has a plica or perhaps a saphenous 
neuritis.”  

    d.  The applicant was started on conservative treatment, to include physical therapy, 
with the direction to follow-up in two months.  When seen in December, his pain was 
mildly improved and he continued to complain of medial knee pain alternating between 
sharp popping and electrical in nature.  The surgeon felt his condition was due to 
neuritis of the saphenous nerve, and the applicant underwent a diagnostic/therapeutic 
injection the following week.  

    e.  When seen on 3 February 2014, the applicant reported the injection had improved 
his medial knee pain, but he continued to have some retropatellar symptoms for which 
he was provided a knee sleeve.  He was not seen again for this issue prior to his 
discharge.

    f.  AHLTA shows the applicant enrolled in a mental health clinical research project 
called Strong Star.  During the program, the applicant was diagnosed with PTSD which 
was treated with group therapy and oral medication (sertraline / Zoloft).

    g.  The applicant was seen several times for dermatitis and right testicular pain.

    h.  In May 2018, the applicant was a civilian contractor with the Army and underwent 
a pre-deployment health assessment for an upcoming 365-day deployment to 
Afghanistan.   At that time, he reported his health as “excellent.”  The pre-deployment 
examinations included a mental health assessment.  The applicant was cleared for 
deployment

    i.  There is no probative evidence the applicant had a service incurred medical 
condition which would have failed the medical retention standards of chapter 3, AR 40-
501 prior to his voluntary discharge; or which prevented him for reenlisting.  Thus, there 
was no cause for referral to the Disability Evaluation System.  Furthermore, there is no 
evidence that any medical condition prevented the applicant from being able to 
reasonably perform the duties of his office, grade, rank, or rating prior to his discharge.


    j.  Review of his records in JLV shows he has been awarded multiple VA service-
connected disability ratings.  However, the DES compensates an individual only for 
condition(s) which have been determined to disqualify him or her from further military 
service.  The DES has neither the role nor the authority to compensate service 
members for anticipated future severity or potential complications of conditions which 
were incurred or permanently aggravated during their military service; or which did not 
cause or contribute to the termination of their military career.  That role and authority is 
granted by Congress to the Department of Veterans Affairs and executed under a 
different set of laws.

    k.  It is the opinion of the ARBA medical advisor that a referral of the case to the DES 
is not warranted.


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition, available military records and the 
medical review the Board concurred with the advising official finding that a referral of his 
case to the Disability Evaluation System (DES) is not warranted.  The Board determined 
based on the medical review there is no evidence the applicant had a service incurred 
medical condition which would have failed the medical retention standards prior to his 
voluntary discharge; or which prevented him for reenlisting. In addition, evidence in the 
applicant’s record indicates no medical condition prevented the applicant from being 
able to reasonably perform the duties of his office, grade, rank, or rating prior to his 
discharge. Therefore, the Board denied relief. 

2. The Board determined DES compensates an individual only for service incurred 
condition(s) which have been determined to disqualify him or her from further military 
service.  The DES has neither the role nor the authority to compensate service 
members for anticipated future severity or potential complications of conditions which 
were incurred or permanently aggravated during their military service; or which did not 
cause or contribute to the termination of their military career.



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.  Title 10, United States Code, section 1552(b), provides that applications for 
correction of military records must be filed within 3 years after discovery of the alleged 
error or injustice. This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the 3-year statute of limitations if the ABCMR determines it 
would be in the interest of justice to do so.

2.  Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments 
with authority to retire or discharge a member if they find the member unfit to perform 
military duties because of physical disability. The U.S. Army Physical Disability Agency 
is responsible for administering the Army physical disability evaluation system and 
executes Secretary of the Army decision-making authority as directed by Congress in 
chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 
(Physical Evaluation for Retention, Retirement, or Separation).

	a.  Soldiers are referred to the disability system when they no longer meet medical 
retention standards in accordance with Army Regulation 40-501 (Standards of Medical 
Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical 
profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention 
Board; and/or they are command-referred for a fitness-for-duty medical examination.

	b.  The disability evaluation assessment process involves two distinct stages: the 
MEB and PEB. The purpose of the MEB is to determine whether the service member's 
injury or illness is severe enough to compromise his/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 either are 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 retired pay and have access to all other benefits afforded to military retirees.

	c.  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.

3.  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). The Department of 
Veterans Affairs Schedule for Rating Disabilities. VASRD 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.

4.  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.  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.  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.

5.  Department of Defense (DoD) Directive-Type Memorandum (DTM) 11-015 (Disability 
Evaluation System) explains the Integrated Disability Evaluation System (IDES). The 
version in effect at the time defined the IDES process and procedures. The guidelines 
within the DTM were incorporated in the DoD Manual Number 1332.18 (DES Manual: 
General Information and Legacy DES Time Standards).   

	a.  The IDES is the joint DoD-VA process by which DoD determines whether 
wounded, ill, or injured Service members are fit for continued military service and by 
which the DOD and the VA determine appropriate benefits for Service members who 
are separated or retired for a Service-connected disability. The IDES features a single 
set of disability medical examinations appropriate for fitness determination by the 
Military Departments and a single set of disability ratings provided by the VA for 
appropriate use by both departments. Although the IDES includes medical 
examinations, IDES processes are administrative in nature and are independent of 
clinical care and treatment.

	b.  Unless otherwise stated in this DTM, DOD will follow the existing policies and 
procedures promulgated in DOD Directive 1332.18 (Disability Evaluation System (DES)) 
and the Under Secretary of Defense for Personnel and Readiness Memoranda. All 
newly-initiated, duty-related physical disability cases from the Departments of the Army, 
Air Force, and Navy at operating IDES sites will be processed in accordance with this 
DTM and follow the process described in this DTM unless the Military Department 
concerned approves the exclusion of the Service member due to special circumstances.  
Service members whose cases were initiated under the legacy DES process will not 
enter the IDES.

	c.  IDES medical examinations will include a general medical examination and any 
other applicable medical examinations performed to VA compensation and pension 
(C&P) standards. Collectively, the examinations will be sufficient to assess the 
member’s referred and claimed condition(s) and assist the VA in ratings determinations 
and assist military departments with unfit determinations.

	d.  Within 15 days of receiving the proposed disability ratings from the Disability 
Rating Activity Site (D-RAS), the PEB will apply the raring using the diagnostic code(s) 
provided by the D-RAS to the Service Member’s unfitting conditions and publish the 
disposition recommendation. For example, if the PEB identifies a condition to the 
D-RAS as “schizophreniform disorder”, but the D-RAS rates the condition as “psychotic 
disorder NOS (VASRD 9210), the PEB will apply the rating as “schizophophreniform 
disorder rated as psychotic disorder NOS (VASRD 9210).

	e.  Upon separation from military service for medical disability and consistent with 
Board for Corrections of Military Records (BCMR) procedures of the Military Department 
concerned, the former Service member (or his or her designated representative) may 
request correction of his or her military records through his or her respective Military 
Department BCMR if new information regarding his or her service or condition during 
service is made available that may result in a different disposition. For example, a 
veteran appeals the VA’s disability rating of an unfitting condition based on a portion of 
his or her service treatment record that was missing during the IDES process. If the VA 
changes the disability rating for the unfitting condition based on a portion of his or her 
service treatment record that was missing during the IDES process and the change to 
the disability rating may result in a different disposition, the Service member may 
request correction of his or her military records through his or her respective Military 
Department BCMR.

6.  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.

7.  Title 38 U.S. Code, section 1110 (General - 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 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.

8.  Title 38 U.S. 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.

9.  Section 1556 of Title 10, United States Code, requires the Secretary of the Army to 
ensure that an applicant seeking corrective action by the Army Review Boards Agency 
(ARBA) be provided with a copy of any correspondence and communications (including 
summaries of verbal communications) to or from the Agency with anyone outside the 
Agency that directly pertains to or has material effect on the applicant's case, except as 
authorized by statute. ARBA medical advisory opinions and reviews are authored by 
ARBA civilian and military medical and behavioral health professionals and are 
therefore internal agency work product. Accordingly, ARBA does not routinely provide 
copies of ARBA Medical Office recommendations, opinions (including advisory 
opinions), and reviews to Army Board for Correction of Military Records applicants 
(and/or their counsel) prior to adjudication.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210015682


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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