IN THE CASE OF: BOARD DATE: 10 November 2011 DOCKET NUMBER: AR20110005435 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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the reason for her separation as completion of required military service and removal of all references to a diagnosis of bipolar disorder from her records. 2. The applicant states she believes the physical evaluation board (PEB) actions were erroneous and contrary to the findings of the medical evaluation board (MEB). There is nothing in her record to support a diagnosis of a bipolar disorder. 3. The applicant provides copies of three DD Forms 214, an Optional Form 275 (Medical Evaluation Board (MEB) Proceedings), a DA Form 199 (PEB Proceedings), 48 pages of service medical records, 50 pages of military personnel records, and Physical Disability Board of Review correspondence. CONSIDERATION OF EVIDENCE: 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 30 June 1989 and was honorably released from active duty on 31 July 1990. She entered active duty with the U.S. Army Reserve (USAR) on 25 October 2001 and was released from active duty on 10 October 2002. Her Chronological Statement of Retirement Points shows she did not actively participate in the USAR until retirement year ending 23 March 1999. 3. She again enlisted in the Regular Army on 21 November 2002 completing training as a medical specialist before arriving for duty in Germany on 15 July 2003. 4. On 23 July 2003, she was referred to the mental health clinic in Friedberg for evaluation of a possible bipolar disorder. An 18 August 2003 medical evaluation reported she had depressive symptoms with a history of manic episodes. 5. The applicant was given a permanent physical profile for bipolar disorder and considered non-deployable on 5 November 2003. 6. During a 10 December 2003 MEB the applicant reported a history of mood disturbance dating back to age 12, significant depressive episodes dated from 1995, and manic episodes since age 16. She reported that her mother had committed suicide and was diagnosed with schizophrenia or schizoaffective disorder. She was diagnosed as suffering from bipolar disorder and referred to a PEB. The MEB indicated her condition had a 1995 date of origin, was incurred while entitled to basic pay, did not exist prior to service, and was permanently aggravated by service. 7. On 23 January 2004, a PEB reviewed the applicant's case and found her unfit for duty due to a bipolar disorder. It determined her condition preexisted her entry onto active duty, had not been incurred while entitled to basic pay, and was not incurred in the line of duty or as a proximate result of performing duty. The PEB recommended the applicant's separation from the service without disability benefits. On 9 February 2004, the applicant concurred with the PEB findings. 8. The applicant was honorably discharged on 18 April 2004 with a total of 3 years, 5 months, and 15 days of active service and 11 years, 4 months, and 15 days of inactive service. Her narrative reason for separation is shown as "disability, existed prior to service, PEB," by authority of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24b(4). DISCUSSION AND CONCLUSIONS: 1. The applicant states she believes the PEB actions were erroneous and contrary to the findings of the MEB. She states there is nothing in her record to support a diagnosis of a bipolar disorder. She requests that her records show she completed her period of obligated service. 2. The applicant did not complete the period of obligated service for her last enlistment. As such it is not appropriate to show completion of required military service as the reason for separation. 3. Based on her own statements provided to military medical personnel, the applicant has been suffering from mood disturbances since age 12 with manic episodes since age 16. With her history of mood disturbances, dating from well before her 2002 enlistment, the MEB determination that her condition had its onset while she was entitled to basic pay was clearly erroneous and the PEB determinations were and are appropriate. As such, no relief is warranted. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X_______ ___ 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) AR20110005435 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110005435 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1