IN THE CASE OF:	   

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080010456 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his honorable discharge be changed to a medical discharge.

2.  The applicant states, in effect, that upon his entrance into the military he did not have any mental health conditions nor had he ever been treated for such.  He contends that this condition had its onset while he was on active duty; therefore, it should be considered related to military service to allow for a medical discharge.

3.  The applicant provides a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative), dated 9 April 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 29 March 2007 for a period of 8 years.  He was ordered to active duty for training on 7 June 2007.

2.  The applicant’s unit commander initiated action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.  He cited that the applicant had been diagnosed by a psychiatrist with major depressive disorder, single episode, moderate anxiety NOS (not otherwise specified) (panic symptoms and generalized anxiety symptoms).  He stated that the severity of the applicant’s condition resulted in significant impairment in his ability to function in a military environment.  The separation authority approved the recommendation for separation and directed the issuance of an honorable discharge.  On 18 March 2008, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for a physical condition, not a disability.

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 sets the policy and prescribes procedures for separating members on the basis of other physical or mental conditions not amounting to a disability that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to, chronic airsickness or seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired.

4.  Paragraph 3-36 (Adjustment Disorders) of Army Regulation 40-501 (Standards of Medical Fitness) states that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.

5.  Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

The applicant was diagnosed with major depressive disorder, single episode, moderate anxiety NOS (panic symptoms and generalized anxiety symptoms).  Since the governing regulation states that adjustment disorders/situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty, it appears there is insufficient evidence to show the applicant was eligible for physical disability processing.  Therefore, there is no basis for a medical discharge.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____XX____  ____XX____  ____XX____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______XXXX__________________
                 CHAIRPERSON

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.
ABCMR Record of Proceedings (cont)                                         AR20080010456



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ABCMR Record of Proceedings (cont)                                         AR20080010456



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