RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 JULY 2004
      DOCKET NUMBER:   AR2004100495


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Samuel Crumpler               |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Mark Manning                  |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the reason for his separation be changed to
show that he was separated not because of a personality disorder but
because of “Bi-polar type II Mental Illness.”  He also requests, as a
result of that condition, that his grade at separation be restored to pay
grade E-5, that his period of AWOL (absent without leave) be deleted, that
his 37 days of accrued leave be recorded in item 16 on his separation
document, that his SPD (separation program designator) code be changed, and
that his active duty service in item 12c be changed from 5 years, 5 months,
and 19 days to 6 years.

2.  The applicant states, in effect, that his period of AWOL should be
voided because during that period he was “acting irrationally” due to
mental trauma brought on by a stressful meeting with his commander and
several other officers and Soldiers.  He states that his commander could
not understand his urgent need to be with his teenage brother, whom he had
legal custody of, during a “troubled time.”  He states he had 30 days of
accrued leave, but his commander told him to go AWOL.

3.  The applicant states that his brother was residing with their
grandmother in McComb, Mississippi and was to appear before a judge.  He
states that he felt no one was “able or willing” to help his brother and so
he left for McComb on 16 July 2002.

4.  He states that on 18 July 2002 he contacted his grandfather “from
somewhere in Colorado” and his grandfather “immediately recognized [his]
traumatic situation.”  He states that he later found out that his
grandfather had been in contact with his unit commander and that his
grandfather asked that he (the applicant) be put on medical leave until he
(the grandfather) could locate the applicant and get him emergency mental
or medical help.  He states that a member of his unit told his grandfather
they would try to do that, but it never happened.  He states his
grandfather was told that the unit commander told the applicant to go AWOL
in jest.

5.  The applicant states that his grandfather found him and got him an
emergency exam in Brandon, Mississippi and treatment at Mental Health
Services at Kessler Air Force Base in Mississippi.  He states that his
grandfather had contact with his unit since 18 July and that his unit knew
where he was at all times and were instrumental in deciding what course of
action the applicant should take.

6.  The applicant states that in April 2003 the Department of Veterans
Affairs diagnosed him with “Bi-polar Type II Mental Illness” and that he is
receiving disability compensation for the condition.  He also states that
he has appealed that rating decision.

7.  The applicant provides a copy of his Department of Veterans Affairs
rating decision, in addition to his self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate that the applicant enlisted in
the Regular Army and entered active duty on 3 April 1997.  His enlistment
contract indicates that he had been a member of the Mississippi National
Guard since 1993 and his record contains a separation document indicating
that he was on active duty for approximately 4 months in 1993 while
undergoing specialty training as a medical specialist.

2.  At the time of his 1997 enlistment, the applicant was residing in
Summit, Mississippi, which was approximately 4 miles from McComb,
Mississippi.

3.  The applicant’s enlistment document also indicates that the applicant’s
father was residing in McComb with the applicant’s sister, who was born in
1991.  The applicant’s brother, born in 1983, was residing with the
applicant.  The location of the applicant’s mother was recorded as
“unknown.”

4.  In June 2000 the applicant reenlisted for a period of 6 years in order
to take advantage of a Bonus Extension and Retraining (BEAR) Program, which
included a monetary enlistment bonus.  His 2000 enlistment documents
reflect a spouse and 16-year-old brother as dependents.  The applicant was
assigned to Fort Benning, Georgia at the time of his reenlistment.

5.  In March 2001, while assigned to Fort Lewis, Washington, the applicant
was promoted to pay grade E-5.

6.  In December 2001 and May 2002 the applicant received complimentary
performance evaluation reports which noted that he was performing his
duties successfully and that he was fully qualified for promotion.  In
March 2002 he was awarded an Army Achievement Medal as a result of his
meritorious achievement while serving as the squadron training NCO
(noncommissioned officer); an additional duty.

7.  On 18 July 2002 the applicant’s duty status was changed from present
for duty to AWOL.  A subsequent performance evaluation report, completed in
October 2002, indicated that the applicant “went AWOL prior to a major
deployment at the National Training Center.”  At the time of the July 2002
AWOL, the applicant’s brother would have been nearly 19 years old.

8.  At 1816 hours on 5 August 2002 the applicant’s status was changed from
AWOL to hospital.  On 9 August 2002 he returned to duty.

9.  A 19 August 2002 counseling statement notes that the applicant was
counseled regarding his AWOL period and that his behavior was “unbecoming”
for an NCO.  The counselor informed the applicant that he was recommending
that the applicant be punished under Article 15 of the Uniform Code of
Military Justice and that he be separated from the Army.  The applicant
acknowledged and agreed with the counseling statement and made no comment.

10.  In September 2002 the applicant was punished under Article 15 of the
Uniform Code of Military Justice for AWOL.  His punishment included, among
other things, reduction to pay grade E-4.  The applicant did not appeal.

11.  Documents associated with the applicant’s administrative separation
were not in records available to the Board.  However, his separation
document indicates that he was honorably discharged on 10 October 2002
under the provisions of Army Regulation 635-200, paragraph 5-13.  The
reason for his separation is listed as “personality disorder.”  His grade
at separation was recorded as E-4, he received an SPD Code of JFX, his
creditable service for the period 3 April 1997 through 10 October 2002 was
recorded as 5 years, 5 months, and 19 days which reflected his lost time
between July and August 2002.  His lost time was recorded in item 29 (dates
of time lost during this period) and item 16 (days accrued leave paid)
reflects “NONE.”

12.  There were no service medical or service finance records available to
the Board or provided by the applicant.

13.  The July 2003 rating decision by the Department of Veterans Affairs,
provided by the applicant notes:

      Service connection for bipolar disorder has been established as
      directly related to military service.  Military exam dated August 21,
      2002 shows that you received treatment at Keesler Air Force Base July
      2002 for adjustment disorder with depressive mood and personality
      disorder.  You were treated with amitriptyline and were taking this
      medication upon discharge from service.  Since discharge from service,
      you have received outpatient psychiatric treatment at Biloxi VA
      Medical Center.  Outpatient treatment records from January 23, 2003
      shows you reported that you were running out of your medication and a
      mental health consult was obtained.  The Biloxi VA outpatient records
      on March 03, 2003 show that you were diagnosed with bipolar disorder.


      On VA examination April 20, 2003 you reported that you first received
      mental health treatment July 2002.  You reported having the following
      symptoms:  lifelong depression with periodic suicidal ideations,
      periods of elated mood, grandiosity, pressured speech and racing
      thoughts.  You reported a stable mood on your current psychiatric
      regimen of Depakote and Trazodone.


14.  Ultimately, the applicant was granted a 10 percent service connected
disability rating by the Department of Veterans Affairs for bipolar
disorder.  A statement submitted by the applicant indicates he is appealing
that rating.

15.  Army Regulation 635-200, paragraph 5-13, provides for the
administrative separation of soldiers with a personality disorder that
interferes with assignment to or performance of duty.  The appropriate SPD
Code for individual separate under this provision of Army Regulation 635-
200 is JFX.

16.  Army Regulation 40-501 states that personality disorders may render an
individual administratively unfit rather than unfit because of physical
disability.  Interference with performance of effective duty in association
with these conditions will be dealt with through appropriate administrative
channels.  It also states that transient, situational maladjustment due to
acute or special stress do not render an individual unfit because of
physical disability, but rather may be the basis for administrative
separation if recurrent and causing interference with military duty.

17.  Army Regulation 635-40 states that 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 they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.





18.  Title 38, United States Code, sections 1110 and 1131, permit the
Department of Veterans Affairs (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 error or injustice in the basis
for separation from the Army.  An Army disability rating is intended to
compensate an individual for interruption of a military career after it has
been determined that the individual suffers from an impairment that
disqualifies him or her from further military service.  The VA, which has
neither the authority, nor the responsibility for determining physical
fitness for military service, awards disability ratings to veterans for
conditions that it determines were incurred during military service and
subsequently affect the individual’s civilian employability.

19.  The Diagnostic and Statistical Manual of Mental Disorders (Fourth
Edition) states that Bipolar II Disorder is a clinical course that is
characterized by the occurrence of one or more major depressive episodes
accompanied by at least one hypomanic episode.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was counseled following his
return to duty, that he accepted punishment under Article 15 of the Uniform
Code of Military Justice rather than taking the issue to a court-martial,
and that he did not appeal the nonjudicial punishment.  The fact that the
applicant failed to raise any of the issues that he has now raised as
justification for his action, supports a conclusion that the applicant’s
portrayal of events may not be entirely accurate.  What is confirmed in
evidence available to the Board is that the applicant departed AWOL just
prior to his unit deploying to the National Training Center.

2.  It is also noted that the applicant’s brother would have been nearly 19
years old when he felt compelled to go AWOL, hardly the “teenager” that the
applicant has portrayed to the Board.  He also goes to great length to
explain how his grandfather came to his aid and yet does not explain why
that same grandfather would not have assisted his brother to the same
extent, thus relieving him from his belief that he [the applicant] was the
only one who would help.  The inconsistencies in the applicant’s version of
events and those contained in his official file indicate that no error or
injustice occurred in the administration of nonjudicial punishment, which
resulted in the applicant’s reduction to pay grade E-4, and ultimate
administrative separation.




3.  In the absence of evidence to the contrary, the applicant’s
administrative separation as a result of a diagnosed personality disorder
is presumed to be correct.  Although the applicant argues that his
commander told him to go AWOL, that his command knew about his whereabouts,
that his grandfather was in constant contact with his unit, and that
interaction with members of his chain of command was what pushed him into
going AWOL, he has presented no evidence which supports any of those
arguments.

4.  The fact that the applicant may now be receiving disability
compensation from the Department of Veterans Affairs and been diagnosed
with a bipolar disorder is not evidence an any error or injustice in the
applicant’s military file, nor does it serve as a basis to revoke his
period of AWOL, restore his grade to E-5, or change the reason and
authority for his separation or his SPD Code.  His period of service,
reflected in item 12c on his separation document is correct in view of his
noncreditable service period resulting from his lost time.  Even if the
applicant were successful in his appeal of his disability rating, it would
not serve as a basis to change any of the information on his October 2002
separation document.

5.  The applicant’s contention that item 16 (days accrued leave paid)
should be corrected to reflect 37 days is not supported by any evidence in
available records or provided by the applicant.  Additionally, as the item
number implies, item 16 is intended to reflect the number of days an
individual may have received pay resulting from leave days which are
forfeited and not from the number of days an individual may have accrued at
the time of separation.

6.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SC __  ___SK __  ___MM__  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.





            ___ Samuel Crumpler_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100495                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040713                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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