IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220008538 APPLICANT REQUESTS: in effect – * a permanent disability retirement * cancelation of the recoupment of severance pay * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Rating Decision, 26 May 2011 * VA Rating Decision, 9 August 2012 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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 indicates that his request is related to Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI). He states, in effect, that he was placed on the Temporary Disability Retired List (TDRL) on 27 August 2009. a. In 2014, he found a letter from Fort Hood, TX notifying him that he needed to attend his periodic examination. Unfortunately, the date had passed. He tried to reschedule and explained that two years earlier the VA had awarded him a disability rating of 100-percent and granted him Individual Unemployability for his service- connected disabilities. He was told that it was too late because his discharge orders had already been published. He had already endured so much that he just gave up trying to get a permanent retirement. b. He contends that he suffers from severe PTSD, TBI, and physical injury from a suicide attempt in 2012. After recently speaking to a Veteran's Service Officer (VSO), he decided to pursue a review of his discharge. The VSO told him to apply for Combat Related Special Compensation (CRSC); however, without permanent retirement orders it would not be approved. He further contends that had he been aware of the TDRL periodic evaluation, he would have been present and he would have been medically retired rather than discharged from service. 3. The applicant's enlisted in the Regular Army on 28 December 2004, and he was awarded the military occupational specialty (MOS) of 31B (Military Police). 4. His record is void of his complete Physical Disability Evaluation Processing (PDES); however, the following documents are filed in the record. a. A TBI Evaluation, undated, wherein the applicant reported that on 21 December 2006 he sustained a shrapnel wound above the shoulders resulting from a blast that left him dazed and confused. He further noted many symptoms which included anxiety, memory problems, depression, fatigue, irritability, and sleep disturbances. b. A Commander's Performance and Functional Statement, undated. The applicant's commander indicated that the applicant was not performing, and could not perform, the duties of his MOS. This form shows the applicant was pending voluntary or involuntary separation/retirement. The applicant was unable to carry a weapon due to his psychiatric evaluation. c. A Commander's Statement, 9 January 2009, wherein the applicant was recommended for transfer to the Warrior Transition Unit for complex medical management based his lengthy treatment plan for PTSD and his inability to carry a weapon. d. A permanent Physical Profile issued to the applicant on 22 March 2009 for the condition of PTSD. As a result of this, the applicant was schedule for an initial Medical Evaluation Board briefing on 8 April 2009. e. A Physical Disability Information Report, 12 June 2009, shows the applicant's medical condition(s) was given a 50-percent disability rating, and his disposition was listed as TDRL. 5. On 27 August 2009, the applicant was retired due to temporary disability and placed on the TDRL effective 28 August 2009. His DD Form 214 shows he completed 4 years, 8 months, and 11 days of net active service. Neither his separation orders nor his DD Form 214 indicate he received severance pay. 6. The applicant provides two VA Rating decisions which show his initial VA disability rating for PTSD occurred on 8 December 2010 and he is currently receiving disability compensation for several medical conditions which include PTSD and TBI, effective 29 December 2011. 7. 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. 8. Regulatory guidance states that Soldiers on the TDRL shall not be entitled to permanent retirement or separation with severance pay without a current acceptable medical examination, unless just cause is shown for failure to complete the examination. 9. MEDICAL REVIEW: a. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents, the Record of Proceedings (ROP), and the applicant's available records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), the Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV). The applicant requests medical disability retirement. He was placed on TDRL on 27Aug2009. He reports that he received notice of the TDRL re-examination after the exam date had already passed and his orders had already been cut for discharge. He contends that he suffers from PTSD, TBI and physical injury from a suicide attempt in 2012. He also mentioned a desire to pursue CRSP compensation. b. The applicant’s complete discharge record was not available. The ABCMR ROP summarizes the available military records. In short, there was a comment by command that the applicant could not carry a weapon based on a psychiatric evaluation; a recommendation by his company that he be assigned to WTU; an approved permanent S3 physical profile dated 20Mar2009; and documentation that he was placed on TDRL 28Aug2009 at 50% due to a disability received as a direct result of armed conflict. c. The applicant was deployed to Iraq from 20060626 to 20070920. Although the applicant had two very significant prior stressors (mentioned below), apparently, he had no mental health issues until March 2007 when his fiancée, who was in the same unit, was killed down range and he was a first responder. Amongst other symptoms, he had recurring nightmares of his death (in place of his fiancée’s). He had one suicide attempt (superficial cuts to wrists) while intoxicated at a party in August 2008. There were no psychiatric hospitalizations. The applicant received individual and group therapy (to include Cognitive Processing Therapy) from September 2007 through May 2009. He was referred for a MEB by Vilsek psychiatry for PTSD on 06Oct2008. The PTSD condition was declared to be medically unacceptable in accordance with AR 40-501 chapter 3, para 33. MEB Proceedings dated 27Apr2009 (DA Form 3947) affirmed the determination that the PTSD condition was medically unacceptable. In addition to the death of his fiancée, the applicant described two other significant traumas. (1) While on a combat mission, the applicant was gunner, and his vehicle was hit by a VBIED (21Dec2006 Theatre Note). He sustained injury to his face (upper lip). He is a Purple Heart recipient. (2) In addition, during his Iraq deployment he was home on Christmas leave and he witnessed his stepmother die in car accident when her car veered off the road and crashed right in front of his car. He considered his stepmother his mom. d. During the 18Dec2008 Psychiatric MEB NARSUM (narrative summary), the Vilsek Mental Health civilian psychiatrist who had examined the applicant on three different days, affirmed that the PTSD condition did not meet retention standards of AR 40-501 chapter 3. It was annotated that he had been moderately compliant with treatment—he missed scheduled appointments with some regularity. They summarized that the applicant’s decreased functioning was primarily due to anxiety and irritability. The impact of PTSD symptoms on occupational and social functioning was with reduced reliability and productivity. The psychiatrist opined that the prognosis for improvement was good. The GAF (global assessment functioning) score was 70 (some difficulty with social, occupational functioning or school function but generally functioning pretty well and had some meaningful relationships). e. The following are excerpts from the VA (North Texas Health Care System) mental health treatment records while the applicant was on TDRL. (1) 08Dec2009 MH Attending Note. He was working 2-10 PM at a Juvenile Detention Center. He endorsed that the noise and agitation aggravated his PTSD. He was looking for a new job or new hours. His meds were adjusted. (2) 08Mar2010 MH Attending Note. He quit the Juvenile Detention Center job and said was working a lot less stressful as a car salesman with Kia. He desired to go back to school or go back into the military. He described being angry when his girlfriend called the police on him during an incident (reportedly, it appeared that she was the instigator). He also reported having attacked a man the weekend prior because the man had threatened his friend. (3) 23Dec2010 MH Attending Note. He quit his job with Kia (in August). He had almost gotten a job with the Fire Department until he disclosed that he had abused drugs in the military. He also had a pending legal charge for aggravated assault with deadly weapon in October 2010: He had a relationship with a girl, and got into a physical altercation with her husband who then called the police on him and filed charges. (4) 07Feb2011 Polytrauma Consult. He was living with his girlfriend who was supportive. He was unemployed, working with both vocational rehab and workforce to start taking classes and obtain employment. He was being considered for the Veterans Justice Outreach program. He had only seen mental health services intermittently and denied receiving active counseling. His meds were helping somewhat but he was not regularly filling them. (5) 08Jul2011 MH Attending Note. He stated he was dismissed from the work rehab program because of the pending felony charge in. He endorsed taking his meds most of the time. He was encouraged to take them regularly. (6) 09Sep2011 MH Attending Note. At this time, he reported that he had not been taking his meds regularly but now he was. He was going to school 2 days a week. His legal problems continued to prevent him from getting a job. He reported the following incident with his girlfriend: They were arguing because she was going with friends to a gentlemen's club and he choked her. (7) 21Dec2011 TBI Note. The applicant started a job (in a different geographic location from his family) working with geography seismic readings for the oil industry but did not think he was going to return there because “there was too much illegal drug use on the job”. He moved back in with his girlfriend and his 2 children (ages 1 and 2). Of note, his affect was noted to be depressed. His insomnia was improved with Ambien. His alcohol screening was positive. (8) 21Dec2011 Mental Health Triage Note. This is the first and only assessment by this VA treating provider. During this visit, the applicant described his mood as depressed, but a little better than in the past. He stated that “Nothing is going to get better”; however, he enjoyed video games, hunting and spending time in the woods, and working. His sleep was better compared to the past (he was sleeping 6 hours per night). He endorsed panic attacks. He also endorsed having nightmares (combat themed) 4 times per week. He stated that his irritability level had been “controlled for months”. He stated that he was reporting for the first time that since the summer of 2009, he had had paranoia about going outside during daytime hours. He was drinking 2-4 beers pay day (average use?) and 8-15 beers 1 to 2 days per week. He reported smoking marijuana but stopped one month prior. He disclosed that he experimented with marijuana as a kid and did not resume smoking it until July 2011. This was at variance with his previous report that his disclosure of drug abuse while in the military had allegedly disqualified him for a Fire Department job. During this appointment, he also stated that he had stopped some medications (Prazosin and Sertraline) 6 months prior. This was at variance with his previous report of recently starting to take his medications regularly in September 2011. Diagnoses: Major Depressive Disorder, Recurrent, Moderate to Severe; PTSD, Chronic; Psychoses Not Otherwise Specified; Alcohol Abuse-Dependence; and Rule Out Panic Disorder without Agoraphobia. GAF score 45 (serious symptoms). (9) 17Jan2014 MH Outpatient Note. This note indicated that the applicant had not been seen by Fort Worth mental health services (where he had previously received regular mental health treatment) from September 2011 until 17Jan2014; although during that period he was followed by other specialties to include polytrauma. The focus of the polytrauma visits was mostly concerning musculoskeletal issues. f. The applicant underwent his first (and only) TDRL Evaluation on 05Dec2011 (Tele- Behavioral Health Clinic Warrior Resiliency Program Brooke AMC note) by a doctorate level clinical psychologist. Since placement on TDRL, he denied suicide ideation, suicide attempts and psychiatric hospitalization. His prescribed medications included Prazosin, Sertraline, and Lorazepam but he was only taking Lorazepam, and he was taking that ‘as needed medication’ about 2 times per month. He was currently unemployed. He desired a degree in criminal justice. He reported the following series of jobs: Corrections officer with juvenile offenders; car salesman (he quit due to poor match for his personality and his VA appointments interfered with his presence on the job); and as a part of a work-study course where he performed well (he was let go due to discovery of the pending legal charge). He had recently stopped fulltime classwork and returned to work because money was tight. He was working a job with oil and gas exploration company, but he quit due to excessive alcohol and drug use by fellow employees. He reported the following legal matter: In October 2010 he had threatened an intruder (into his home) with a weapon. A week later the intruder claimed that he had been assaulted by the applicant, and pressed charges against him. This account of the October 2010 legal matter varied from what was reported to VA providers. The current BH symptoms were reported as follows: He denied any struggles with severe depression; there was improvement in anger and irritability symptoms—he was able to experience periods of relaxation; his sleep issues improved—sleeping 6-8 hours of uninterrupted sleep; avoidance symptoms had decreased; and his alcohol use had decreased (down to one beer every few weeks). He endorsed nightmares 2 times per week. He denied flashbacks. He denied suicide ideation. He described his relationship with his girlfriend as positive. Although sometimes he felt a sense of alienation, he continued to engage in social interaction. He enjoyed socializing with other veterans and maintained the desire to return to military service or find a job that was challenging and physically demanding. His activities and leisure pursuits were not limited—he enjoyed hunting, fishing, and boating. He had just started participating in the Wounded Warrior Games as well. The mental status examination showed no deficiencies/abnormalities. Diagnosis: PTSD, Chronic, in partial remission. Global assessment functioning score was 75 (no more than slight impairment in social, occupational, or school functioning). The clinical psychologist deemed that the applicant’s PTSD prognosis was good; that the impact of the PTSD symptoms on occupational and social functioning was not severe enough to require continuous medication and was not severe enough to significantly impair occupational and social functioning; and that the applicant met the retention standards of AR 40-501, chapter 3- 33. g. Notwithstanding the TDRL examiner’s determination that the applicant’s PTSD met retention standards; the PEB convened 03May2012 found that the condition remained unfitting for continued military service, because it concluded that re-exposure to a high op-tempo or combat environment would likely cause the applicant to decompensate. The PTSD condition was considered sufficiently stabilized for permanent rating, and the condition was rated at 0% under DC 9411 based on occupational and social assessment with manifestations of ‘symptoms not severe enough to require continuous medication and were not severe enough to significantly impair occupational and social functioning’. Code 10D was applicable because the applicant was recommended separation with severance pay and the disability was incurred in a combat zone. On 28Jun2012, the applicant non-concurred with the PEB recommendations, but he elected to waive a formal hearing of his case. 8. In his ABCMR application, the applicant claimed a TBI condition. However, this condition was NOT listed in his April 2009 MEB proceedings. (1) The record showed that applicant was formally evaluated by the Army for TBI on 29Apr2008 by Landstuhl Neurology. He reported a pre-military history of multiple concussions while playing high school football with two associated with loss of consciousness (LOC) age 17. During his deployment, he reported 2-3 blast exposures. He reports that with 2 of them, he struck his head. There was no LOC. More recently, he hit his head during a 12Feb2008 car accident without LOC. The 17Apr2008 head CT was negative for pathology. The applicant reported headaches (since 2007), insomnia, mood swings and memory problems which could be consistent with Post- Concussion Syndrome, but also could be attributed to PTSD. The neurologist diagnosed Concussion and Post-Concussion Syndrome. His Mini Mental Status Exam (MMSE) score on that date was 26/30 (27 is the cutoff for normal). During formal neuropsychological assessment, the applicant endorsed an unusually high number of symptoms and made an excessive number of errors such that results suggested exaggeration of symptoms. On 09May2008, his diagnosis was Concussion Without LOC. No cognitive deficits were found: Executive functioning and cognitive processing speed both were both in the high average ranges. The Concussion (or TBI) condition was NOT listed in the MEB Proceedings: In the 18Dec2008 Psychiatric NARSUM, the psychiatrist explained that per neurology’s assessment “there was no clinical evidence for a post concussive syndrome, and that his memory complaints were likely related to sleep disruption at that time and PTSD”. (2) 14Oct2009 TBI Consult VAMC. Current MMSE: 29/30. Assessment: Headaches (likely post-concussive); Depression; Low Back Pain; Sleep Disturbance; and report of suicide attempt the year prior. (3) 29May2012 TBI Note. The applicant reported that on 17Apr2012, he was driving and swerved to avoid hitting an animal. He went off the road, flipped the truck and had LOC for about 2.5 hours. He tore the ACLs in both knees. Diagnoses: Status Post Motor Vehicle Accident with Mild to Moderate Concussion and Bilateral Knee Derangement. This occurred while on TDRL. (4) 26Sep2012 Primary Care Physician Note. During this note, the applicant indicated concerning the April 2012 motor vehicle accident, that he had been talking on the phone while he was driving. (5) 17Jan2014 MH Outpatient Note. The applicant described wrecking his truck on purpose in April 2012—no further details were offered. This appears to be the reported suicide attempt that he described in his application. h. Based on review of the applicant’s available records, the ARBA Medical Reviewer made these observations. (1) Concerning the PTSD condition: At the time of placement on TDRL, the applicant’s PTSD condition was the sole condition that did not meet retention standards of AR 40-501 chapter 3, according to treating providers and the MEB authority. The PEB found the PTSD condition unfitting for continued service, as well as unstable for permanent rating and recommended placement on TDRL. At the time of placement on TDRL, the PEB and the VA rating for the PTSD condition were both 50%. While on TDRL the applicant’s condition improved according to both the Army TDRL examiner and reportedly the VA C&P examiner (per 26May2011 Rating Decision). The Army TDRL examiner estimated the applicant’s GAF score at 75 (the original MEB GAF score was 70). However, while the VA C&P examiner also endorsed that the PTSD condition had improved, they also endorsed that there remained deficiencies in most areas: Work, school, family relations, judgement, thinking and mood (the 70% rating level). Again, the original VA rating for the PTSD condition was 50% effective 29Aug2009. The inconsistency was noted in the VA rating narrative. The VA ultimately rated the PTSD condition at 70% citing congruency with the VA C&P Examiner’s estimation of the applicant’s GAF score at 43 (serious symptoms) at the time. The VA’s 26May2011 70% rating for PTSD was based on the 11Mar2011 VA C&P Exam (which was not available for this review). The 22Oct2009 VA C&P Initial Evaluation of PTSD exam showed GAF score 45-50. The VA increased the PTSD rating from 70% in May 2011 to 100% in August 2012 per 09Aug2012 VA Rating Decision based on the 13Feb2012 Review PTSD DBQ examination which was also not available for this review. The Army PEB’s 03May2012 0% rating for PTSD was based on the 05Dec2011 Brooke AMC TDRL Evaluation examination—this is the exam of record. It should be noted that the PEB narrative on the DA Form 199 did NOT assert that the case was adjudicated under the IDES (later regulation which provided that all Army MTFs use proposed VA ratings). It should also be noted that the BAMC doctorate level clinical psychologist indicated that AHLTA and VA records were available for their review in preparation for the December 2011 TDRL evaluation. (2) Concerning the TBI condition: At the time of placement on TDRL, the MEB authority acknowledged the applicant’s concussion/mild TBI history but determined (largely based on results of neuropsychological testing) that the applicant’s disabling symptoms were due to his PTSD condition, not due to TBI. MEBs today would still list the TBI condition along with documented residuals on the DA Form 3947. However, more likely than not, these conditions (TBI and Tinnitus) would have been determined to MEET retention standards because they had not impacted performance or required treatment or profiling. Accordingly, the PEB likely would have found that the TBI and Tinnitus conditions were NOT unfitting for continued service. (3) Recommendation: In the ARBA Medical Reviewer’s opinion per review of VASRD principles, the PEB’s 0% rating appears to be a fair assessment of the PTSD condition as presented by the applicant and documented in the 05Dec 2011 TDRL exam. However, the Reviewer did conclude that a 10% rating for ‘transient symptoms which decrease efficiency and ability to perform occupational tasks during periods of significant stress’ may be a more accurate assessment of the condition while on TDRL (as opposed to as merely reported in the TDRL exam) due to his report of the PTSD symptoms interfering with the corrections job in 2010 as well as the probable cause and effect relationship of his anger and irritability on the October 2010 felony charge, as well as on the incident when he physically choked his girlfriend as reported in September 2011. The 10% rating was considered despite the applicant’s assertion that his irritability had been “controlled for months” (21Dec2011 Mental Health Triage Note). It is acknowledged that neither the 0% rating nor a 10% rating for the combat incurred PTSD condition affords the applicant the disability retirement or CRSP compensation which he seeks. The Board my consider retaining the 0% rating for the PTSD condition as determined by the PEB given that it is consistent with the exam of record, AND the TDRL examiner indicated that the VA records had been reviewed at the time. Or the Board may adopt the 10% rating as proposed by the ARBA Medical Reviewer. Or the Board my consider returning the case for PEB reconsideration as the applicant did not concur with the PEB rating at the time but also elected NOT to pursue a formal hearing of his case at the time. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was partially warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant was found medically unfit. Although his complete disability packet is not available, other evidence shows his PTSD was rated at 50% and his disposition was placement on the TDRL on 28 August 2009. He later underwent an exam and a TDRL PEB in May 2012. the TDRL PEB found his condition remained unfitting for continued military service, because it concluded that re-exposure to a high op-tempo or combat environment would likely cause the applicant to decompensate. The PTSD condition was considered sufficiently stabilized for permanent rating, and the condition was rated at 0%. On 28 June 2012, the applicant non-concurred with the PEB recommendations, but he elected to waive a formal hearing of his case. The Board reviewed the medical advisory opinion and agreed that the 0% rating may did not accurately reflect the level of unfitness at the time. Additionally, the absence of the disability packet makes it harder for the medical reviewer and the Board to make an accurate assessment of his medical condition at the time. For that reason, the Board determined a referral of his case back to the PEB/U.S. Army Physical Disability Agency is appropriate for a determination of fitness and potential disability rating. ? 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 the evidence presented is 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 returning the applicant’s case for PEB reconsideration as the applicant did not concur with the PEB rating at the time but also elected not to pursue a formal hearing of his case at the time. 2. The Board further determined 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 to any relief in excess of that described above. 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. Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that the Temporary Disability Retired List (TDRL) is used in the nature of a “pending list”. a. 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 or 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. b. Requirements for placement on the TDRL are the same as for permanent retirement. The Soldier must be unfit to perform the duties of his or her office, grade, rank, or rating at the time of evaluation. The disability must be rated at a minimum of 30 percent or the Soldier must have 20 years of service computed under Title 10, United States Code, Section 1208, (Title 10, U.S. Code, Section 1208). In addition, the condition must be determined to be temporary or unstable. c. A Soldier who is determined to be physically fit will not be placed on the TDRL regardless of the severity of the physical defects or the fact that they might become unfitting were the Soldier to remain on active duty for a period of time. d. A Soldier on the TDRL must undergo a periodic medical examination and PEB evaluation at least once every 18 months to decide whether a change has occurred in the disability for which the Soldier was temporarily retired. e. Soldiers who have waived retired pay to receive compensation from the VA, continue to be retired Army Soldiers. These Soldiers must undergo examinations when ordered by Commander, U.S. Army Human Resource Command (AHRC), acting on behalf of the Secretary of the Army. 3. AR 635-40 further states AHRC will take the actions described below when a periodic examination cannot be carried out. a. If a Soldier fails to respond to correspondence concerning the medical examination or fails or refuses to complete a medical examination, AHRC will make an effort to discover the reason. If such action cannot be justified and the fifth anniversary of placement on the TDRL has not been reached, AHRC will notify the Soldier and the Chief, Retired Pay Operations, U.S. Army Finance and Accounting Center to suspend retired pay. The AHRC will keep the Soldier’s name on the TDRL until the fifth anniversary unless it is removed sooner by other action. b. When reasonable efforts to locate the Soldier are unsuccessful, AHRC will take the action prescribed in (a), above. c. Soldier imprisoned by civil authorities. A report by the responsible Military Treatment Facility commander may indicate that examination of a Soldier is not possible because the Soldier is imprisoned, and civil authorities will not permit the examination. If so, AHRC will take the action prescribed in (a), above. d. Soldiers on the TDRL shall not be entitled to permanent retirement or separation with severance pay without a current acceptable medical examination, unless just cause is shown for failure to complete the examination. Six months before the fifth anniversary of placement on the TDRL, AHRC will make a final attempt to contact the Soldier (a and b, above) or proper civil authorities ((c) above) and arrange a final examination. If this fails and the Soldier does not undergo a physical examination, AHRC will administratively remove him or her from the TDRL on the fifth anniversary of placement on the list without entitlement to any of the benefits provided by Title 10, U.S. Code, Section 61. 4. AR 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 will decide cases on the evidence of record. It is not an investigative body. 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. 5. 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) AR20220008538 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1