IN THE CASE OF: BOARD DATE: 28 June 2022 DOCKET NUMBER: AR20210016349 APPLICANT REQUESTS: in effect correction to his DA Form 199 (Physical Evaluation Board Proceedings) as follows, * adding the medical condition post-traumatic stress disorder (PTSD) and assigning it a 50 percent rating * adding a disabling rating to his medical condition diabetes * showing his combined overall disabling rating is 50 percent or higher * medically retiring him effective on or about 1 April 2002 * paying him retired pay effective on or about 1 April 2002 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) online application * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the periods ending 28 November 1991 and 2 July 1996 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 3 July 1996 * Unit Training Schedule for the period 1 – 30 April 2000 * DA Form 3349 (Physical Profile), 6 May 2001 * Memorandum, Headquarters (HQ), 88th Regional Support Command, 9 May 2001; subject: Review of Medically Disqualifying Physical Examination of Applicant * Memorandum, Headquarters, 308th Civil Affairs Brigade, 2 July 2001; subject: Notification of Medical Unfitness for Retention * Orders Number R077-02, 18 March 2002 * Notification of Eligibility for Retired Pay at Age 60 (Selected Reserve 15- Year Letter, 4 March 2004 * DA Form 5016 (Chronological Statement of Retirement Points), 25 April 2018 * Department of Veterans Affairs (DVA), Summary of Benefits Letter, 29 August 2021 * Excerpts from service treatment records * DVA medical treatment records (203 pages) * Civilian medical treatment records * Civilian medical providers/organization billing notification FACTS: 1. The applicant did not file within the 3-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, in effect, that shortly after his release from active duty he was diagnosed with diabetes. At the time he was a member of the U.S. Army Reserve (USAR). He underwent a physical examination confirming he had diabetes. He underwent a medical evaluation board (MEB) because of his diabetes diagnosis. His MEB found he did not meet the medical fitness standards for continued service in the USAR and his record was referred to a physical evaluation board (PEB). His PEB found him unfit for continued military service and his PEB gave him two options. He could request transfer to the USAR Retired Reserves (Gray Area Retiree) or he could request discharge form the USAR and Army. At the time of his PEB he had 14 years and 3 months of active service, he believes he should have received a disability rating based on his cumulative years of active service. With a disabling rating, he believes he would have been entitled to disability retired pay. He is aware that medical and personnel documents are missing from his official military personnel file. He states the ABCMR should be able to locate his physical examination documents that support his contention he should have been assigned a percentage rating and then entitled to disability retired pay. He states, in effect, based on his extended active service he also suffers from post-traumatic stress disorder (PTSD) which the DVA rates at 50 percent disabling. By correcting his record to show a disabling rating for diabetes and adding his PTSD rating of 50 percent, he believes he is entitled to disability retired pay. 3. The following facts were obtained from his official military personnel file (OMPF) and from the evidence provided by the applicant. a. His first period of active service in the Regular Army was from 17 May 1982 through 26 November 1991. His cumulative active service during this period was 9 years and 6 months. b. He served as an infantryman, a heavy anti-armor weapons infantryman and an Army recruiter. He was honorably discharged on 26 November 1991 based upon his expiration of term of service. He received a DD Form 214 documenting this period of active service. c. On 27 November 1991 he enlisted in the Illinois Army National Guard (ILARNG). He entered active duty in an Active Guard Reserve (AGR) program for the ILARNG. On 15 April 1995 he was promoted to sergeant (SGT)/E-5 in the ILARNG AGR Program. His military occupational specialties were 79D (Strength Maintenance Noncommissioned Officer (NCO), 00E (Production Recruiter) and he maintained his status as an infantryman. c. In 1996 he voluntarily requested discharge from the ILARNG and its AGR program. Accordingly, on 2 July 1996 he was discharged from the ILARNG. His NGB Form 22 (Report of Separation and Record of Service) shows he honorably served for 4 years, 7 months and 7 days in the ILARNG. He had 9 years and 6 months of prior active service. On his date of separation from the ILARNG, he had 14 years, 3 months and 12 days of cumulative service for pay. As he was concurrently released from active duty, he also received a DD Form 214 documenting his 4 years, 7 months and 6 days of AGR service. He continued to serve in the ILARNG as an infantryman. Upon his request, he was transferred to the USAR Control Group (Reinforcement) to complete his contractual obligation. d. He transferred to a USAR unit. As a member of a USAR unit on or about 3 December 2000 he received a DA Form 3349 (Physical Profile) showing he received a permanent profile rating of three for his overall stamina (P3) because he was an insulin dependent diabetic. His physical profile limited him from all aerobic exercises, numerous strength training activities, and prevented him from participating in the Army physical fitness test. e. On 9 September 2000 he underwent an annual physical examination at a USAR combat support hospital. The medical provider prepared his report of medical examination documenting the fact the applicant had diabetes mellitus and was prescribed medication to control it. The medical provider stated the applicant should be referred to a MEB under Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-11d. The medical doctor indicated the applicant was qualified for retention pending a MEB. He assigned the applicant a profile rating of three for his overall stamina (P3). f. On 6 May 2001 his physical profile was approved by his chain of command. g. On 9 May 2001 the command surgeon for Headquarters, 88th Regional Support Command informed the applicant’s brigade commander that he underwent a physical examination in September 2000. After the physical examination it was determined he did not meet the physical retention standards of Army Regulation 40-501. The command surgeon stated the applicant should be counseled by his chain of command that he had the right to request a PEB solely for a Fit for Duty Determination, if eligible request transfer to the Retired Reserve, and that he would be administratively separated. The applicant’s chain of command was provided instructions on how to submit a written request for a PEB. h. On 22 June 2001, his chronological statement of retirement points shows he had 16 years of qualifying service for non-regular retirement with 5,293 creditable retirement points. i. On 2 July 2001, he received written notification from his company commander that he was medically disqualified for continued service in the USAR under Army Regulation (AR) 40-501 (Standards of Medical Fitness), chapter 3. As he was medically disqualified, AR 135-178 (Enlisted Administrative Separations), chapter 13, paragraph 15-1K allowed him to request reassignment to the Retired Reserve provided he had at least 15 years but less than 20 years of qualifying service for retired pay. j. On 16 July 2000 he submitted a written request to his unit commander informing him he wanted an early transfer to the Retired Reserve because he was being considered for involuntary separation from the USAR because he was found unfit for duty. k. On 1 April 2002 he was transferred to the Retired Reserve under Orders Number 077-02 issued on 18 March 2002. l. On 4 March 2004 the U.S. Army Human Resources Command issued him his notification of eligibility for retired pay at age 60 otherwise known as the Selected Reserve 15-Year Letter. Under Title 10, U.S. Code, section 12731b he was eligible for retired pay at age 60 because of physical disability not incurred in the line of duty. In reviewing his letter, it stated he requested transfer to the Retired Reserve. m. In 2013 he turned age 60 and was eligible to apply for retired pay. n. On 29 August 2021 the DVA informed him by letter that he had one or more service-connected disabilities and his combined service-connected evaluation was 100 percent. He was totally and permanently disabled due to his service-connected disabilities as of 14 May 2021. o. He provided 203 pages of his DVA medical records. Within these documents, his service-connected rated disabilities include the following: * Sleep apnea syndrome, rating 50 percent * PTSD, rating 50 percent * Flat foot condition, rating 30 percent * Lumbosacral or cervical strain, rating 20 percent * Limited motion of ankle, rating 20 percent * Paralysis of sciatic nerve, rating 20 percent * Paralysis of sciatic nerve, rating 20 percent * Superficial scars, rating 10 percent * Tinnitus, rating 10 percent * Limited flexion of knee (right), rating 10 percent * Limited flexion of knee (left), rating 10 percent * Tendon inflammation, rating 10 percent 4. He provides additional evidence including civilian emergency department records, unit training schedules, and medical bills showing he cut his fifth finger on his left hand that required sutures. The date of his injury was 2 April 2000. On or about 31 May 2000 a representative for the Secretary of the Army determined his injury was considered in the line of duty. 5. On two separate dates the staff of the ABCMR sent written requests to the applicant asking him to provide copies of his DA Form 199 to the Board. When he responded, he only submitted his DVA progress notes and medical records showing he required stitches on 2 April 2000. His PEB is not filed in his official military personnel record nor was a copy available at the U.S. Army Physical Disability Agency. A senior staff member of the ABCMR consulted with the Army Review Boards Agency (ARBA) medical staff who stated there was sufficient medical evidence available including their ability to review his DVA records through the Joint Legacy Viewer for them to render a medical advisory to the Board. 6. 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. 7. 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 an error or injustice on the part of the Army. 8. Title 38, CFR, 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. 9. 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 military retirement for his diabetes, the condition for which he was medically disqualified and subsequently discharged from the USAR. He also states he has PTSD. b. The Record of Proceedings details the applicant’s military service and the circumstances of the case. Orders published on 18 March 2002 by the Headquarters, United States Army Special Operations Command Fort Bragg, North Carolina show the former USAR was assigned to the United States Army Reserve Control Group (RETIRED) effective 1 April 2002. c. While a drilling member, the applicant was placed on a duty limiting permanent profile for non-duty related insulin dependent diabetes on 6 May 2001. The profiling provider wrote “unfit for continued service.” d. In a 2 July 2001 memorandum, he was notified that he was disqualified from continued service on the USAR for his non-duty related diabetes and presented with his elections: (1) “As a result of your medical disqualification, you are afforded the options below as provided in DoD Directive 1332.18, 4 November 1996, paragraph C.5 and AR 135- 178, chapter 13, para 15-lk: (2). You may request reassignment to the Retired Reserve per AR 140-10, chapter 6. (3) If you have at least 15 but less than 20 qualifying years of service for retired pay purposes, you may request reassignment to the Retired Reserve with early qualification eligibility to receive pay at age 60. (4) You may request an Honorable Discharge from the U.S. Army Reserve. (5) Request a review of your non-duty related medical disqualification by a Physical Evaluation Board.” e. On 16 July 2001, the applicant selected option b. That same day, he submitted a Personnel Action (DA Form 4187) requesting option b, and his company commander recommended approval of his request. f. He subsequently received his Notification of Eligibility for Retired Pay at Age 60 in the form of a 15-year Notice of Eligibility on 4 March 2004 under 10 U.S. Code § 12731b, Special rule for members with physical disabilities not incurred in line of duty (15-year notice of eligibility). Passed in 1999, this statute authorizes the Secretary concerned to treat a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit due to physical disability not incurred in the line of duty as having met the service requirements for years of service computed under 10 U.S. Code § 12732. The Secretary can then provide the member with a notification that the member has completed at least 15, and less than 20 of service. This “15-year Notice of Eligibility” authorizes a non-regular retirement. g. The applicant states that he was evaluated by an MEB and PEB. There is evidence for neither. It is likely that given the non-duty related circumstances of his diabetes that he opted for a non-duty related physical evaluation board (NDR PEB). h. An NDR PEB allows Reserve Component (RC) Service Members who are not on a call to active duty of more than 30 days and who are pending separation for non-duty related medical conditions but desire to remain in their component to enter the Disability Evaluation System (DES) for a determination of fitness. A non-duty related physical evaluation board (NDR PEB) affords these Soldiers the opportunity to have fitness determined under the standards that apply to Soldiers who have the statutory right to be referred to the DES for a duty related medical condition. After 2014, these boards would also look to see if the referred condition(s) were duty related, and if so, return them to the sending organization for entrance into the duty related processes of the DES. i. Given no evidence to the contrary, it is assumed his NDR PEB found his insulin dependent diabetes an unfitting medical condition for continued military service. j. Review of his records in JLV shows he has been awarded multiple VA service connected disability ratings, including one for PTSD. However, he does not have a service connected disability rating for diabetes. k. The applicant first sought mental health care at the VA in late 2017. From his 2 January 2018 mental health (MH) intake assessment: “Mr. {Applicant} presents to MH Intake appointment early via telehealth, consult placed by PCP {primary care provider} per Veteran's interest in individual psychotherapy, started seeing a counselor 2 years ago, last year particularly bad with his brother passing away unexpectedly in April, mom and sister died in a house fire, aunt and long-lost nephew died, getting into arguments at work and was ordered by work to get counseling. Usually a mild-mannered guy, wife is a nurse, tells him “You're not the calm guy anymore”, married 35 years. Has found the counseling to be helpful, financially was too much to continue through the private sector.” l. There is no evidence the applicant had any duty incurred medical condition(s) which would have failed the medical retention standards of chapter 3, AR 40-501 prior to his discharge. Thus, there was no cause for referral to the Disability Evaluation System. It is the opinion of the Agency Medical Advisor that neither a referral of his case to the DES or the granting of a medical retirement is warranted. m. The DES compensates an individual only for service incurred medical 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. These roles and authorities are granted by Congress to the Department of Veterans Affairs and executed under a different set of laws. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant’s contentions, the military record, a medical review, and regulatory guidance were carefully considered. The Board noted that a non-duty related physical evaluation board (NDE PEB) allows Reserve Component (RC) Service Members who are not on a call to active duty of more than 30 days and who are pending separation for non-duty related medical conditions but desire to remain in their component to enter the Disability Evaluation System (DES) for a determination of fitness. A NDR PEB affords these Soldiers the opportunity to have fitness determined under the standards that apply to Soldiers who have the statutory right to be referred to the DES for a duty related medical condition. The Board concurred with the advisory official, and agreed a referral to IDES is not warranted as he met retention standards. The Board also agreed that there is no evidence the applicant had any duty incurred medical condition(s) which would have failed the medical retention standards prior to his discharge. 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, U.S. 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, section 1556 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 (emphasis added) 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. 3. 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 (USAPDA) 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). Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501, chapter 3, as evidenced in a medical evaluation board (MEB); when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by a Military Occupational Specialty (MOS) Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. 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. 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. 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 considers individual applications that are properly brought before it. In appropriate cases, it direct or recommend correction of military record(s) to remove an error or an injustice. The ABCMR will decide cases on the evidence of record. It is not an investigative body. It begins its consideration of each case with the presumption of administrative regularity meaning what Army personnel did at the time of the Soldier’s or Veteran’s area of service was administratively correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 6. Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Soldiers with conditions listed in chapter 3 who do not meet the required medical standards will be evaluated by an MEB and will be referred to a PEB as defined in Army Regulation 635–40 with the following caveats: a. USAR or Army National Guard (ARNG) Soldiers not on active duty, whose medical condition was not incurred or aggravated during an active duty period, will be processed as follows. Reservists who do not meet the fitness standards set by chapter 3 will be transferred to the Retired Reserve per Army Regulation 140–10 or discharged from the USAR per Army Regulation135–175 (Separation of Officers) or Army Regulation 135–178 (ARNG and Reserve Enlisted Administrative Separations). hey will be transferred to the Retired Reserve only if eligible and if they apply for it. b. Reservists who do not meet medical retention standards may request continuance in an active USAR status. In such cases, a medical impairment incurred in either military or civilian status will be acceptable; it need not have been incurred only in the line of duty. Reservists with nonduty related medical conditions who are pending separation for not meeting the medical retention standards of chapter 3 may request referral to a PEB for a determination of fitness in accordance with this regulation. c. Reserve Component Soldiers with nonduty related medical conditions who are pending separation for failing to meet the medical retention standards of chapter 3 of this regulation are eligible to request referral to a PEB for a determination of fitness. Because these are cases of Reserve Component Soldiers with nonduty related medical conditions, MEBs are not required and cases are not sent through the PEBLOs (Physical Evaluation Board Liaison Officers) at the military treatment facilities. Once a Soldier requests in writing that his or her case be reviewed by a PEB for a fitness determination, the case will be forwarded to the PEB by the U.S. Army Reserve Command, Regional Support Command or the U.S. Army Human Resources Command Surgeon’s office and will include the results of a medical evaluation that provides a clear description of the medical condition(s) that cause the Soldier not to meet medical retention standards. 7. Army Regulation 135-178 (Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the ARNG and the USAR. a. Chapter 15 (Separation for Other Reasons) includes medical unfitness for retention as a reason for separation. It states discharge will be accomplished when it has been determined that a Soldier is no longer qualified for retention by reason of medical unfitness per Army Regulation 40-501 unless the Soldier requests and is the following: * granted a waiver under Army Regulation 40-501, as applicable * determined fit for duty under a non-duty related PEB fitness determination under the provisions of Army Regulation 635-40 * eligible for transfer to the Retired Reserve b. Soldiers who do not meet the medical fitness standards for retention due to a condition incurred while on active duty, any type of active duty training, or inactive duty training, will be processed as specified in Army Regulation 635-40 if otherwise qualified. 8. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) prescribes 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. It implements the requirements of Title 10, U.S. Code, chapter 61; Department of Defense Instructions (DoDI) 1332.18 (Disability Evaluation System (DES)) and; DoD Manuel 1332.18 (DES Volumes 1 through 3). a. The DES compensates disabilities when they cause or contribute to career termination. Servicemembers who are pending retirement at the time they are referred for disability evaluation are presumed fit for military Service. b. The PEB will presume Soldiers are physically fit who are pending retirement when the Reserve Component Soldier’s date of referral to the DES is within 12 months of their mandatory removal date from active status and qualifies for a 20 Year Letter at the time of referral to the DES. c. The Command Surgeon for the U.S. Army Reserve Command and it subordinate command surgeons will ensure that eligible Soldiers are referred for evaluation by the DES in a timely manner and in accordance with this regulation. d. The Surgeon General of the Army will establish and interpret medical standards for Soldiers of all components. e. The Commanding General, USAPDA will serve as the appellate authority for formal or informal PEB proceedings. The commanding general will make the final decision for the Secretary of the Amy concerning a Soldier’s fitness for duty. Then accomplish final administrative actions to include authorizing installations (or State ARNG Headquarters) to issue applicable orders. f. The Legacy DES process includes the Reserve Component non-duty related referral process. No disability ratings are assigned for non-duty related cases. g. The evidentiary standards for determining unfitness because of physical disability includes fact finding, preponderance of evidence, referral following an illness or injury referral for a chronic impairment, and a cause and effect relationship. h. There are many conditions, such as asthma, hypertension, epilepsy, diabetes, and certain injuries which may be improved sufficiently by treatment to prevent disability or to significantly decrease it. If a Soldier unreasonably fails or refuses to submit to medical or surgical treatment, therapy, take prescribed medication, or to observe prescribed restrictions on diet, activities, or the use of alcohol, drugs or tobacco, that portion of the disability that results from such failure or refusal will not be rated. i. The Reserve Component non-duty related disability process is established by policy. It affords Reserve Component Soldiers not on call to active duty of more than 30 days and who are pending separation by the Reserve Component for non-duty related medical conditions to enter the DES for a determination of fitness and whether the condition is duty-related. A line of duty investigation resulting in a finding of not in the line of duty is not required when it is clear that the disqualifying disability is non-duty related. (1) Except for the circumstances listed below, referral to the Reserve Component non-duty related process is upon the request of the Soldier. If the Soldier does not request referral, they are subject to separation for medical disqualification under Reserve Component regulations. (2) An MEB is not required to establish that the Soldier does not meet medical retention standards. However, the medical documentation must be sufficient for the PEB to adjudicate fitness. (3) The PEB will issue its decision on fitness using the applicable DA Form 199, DA Form 199–1, or DA Form 199–2. (4) Medical documentation must provide a clear and adequate description of the medical condition(s) that cause the Soldier not to meet medical retention standards. Cases received by the PEB in which the medical evaluation is inadequate for a determination of fitness by the PEB will be returned to the referring organization with a memorandum documenting the insufficiency. (5) The Reserve Component is responsible for counseling its Soldiers on their right to a PEB. Counseling will also include advising the Soldier that they may consult with an attorney from the Office of Special Counsel at no cost to the Soldier. 9. 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. 10. Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation - Basic Entitlement) 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// ABCMR Record of Proceedings (cont) AR20210016349 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1