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ARMY | BCMR | CY2004 | 20040011312C070208
Original file (20040011312C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20040011312


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      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, in effect, that her records be corrected to
show that she was medically separated for a mental condition.

2.  The applicant states she should have been medically discharged under
mental conditions, not physical conditions since she was under mental
evaluation and on medication for a mental condition.

3.  The applicant provides 31 pages from her service medical record and
Official Military Personnel File.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered active duty on 22 March 2001, completed training,
and was awarded the military occupational specialty (MOS) 92G (Food Service
Specialist).

2.  A 7 November 2001, Southside Regional Medical Center (SRMC) Physician's
Orders indicates the applicant was admitted to the hospital for major
depression.

3.  A SRMC discharge summary indicates the applicant was hospitalized from
7 November 2001 through 12 November 2001 for major depression, recurrent
and severe, but without psychosis.  The applicant was released from the
hospital on 12 November 2001 with an indication she was to receive follow
up counseling through the Mental Health Clinic (MHC) at Ft. Lee, Virginia.

4.  On 15 November 2001, the applicant told a coworker that she intended to
go to her room and take an overdose of medication.  The coworker notified
the first sergeant who in turn notified the operations management NCO.  The
two NCOs approached the applicant in her room and were advised by her that
she was depressed and had taken 15 pills.  The NCOs transported the
applicant to the hospital where she was admitted for attempted suicide.
This incident is documented on a DA Form 4856 (Developmental Counseling
Form).

5.  The applicant was afforded a Mental Status Evaluation on 16 May 2002.
The report of this evaluation indicates the applicant was first seen in the
MHC on 29 October 2001 for depression, daily crying, poor sleep, poor
concentration, fatigue, and poor appetite.  She was placed in continuous
counseling but showed no improvement.  She was placed on medication with
some improvement; however, when she discontinued the medication her
symptoms returned.  The attending psychiatrist stated that it was unlikely
that efforts to rehabilitate her or develop her into a satisfactory Soldier
would be successful.  The psychiatrist recommended she be administratively
separated as soon as possible.

6.  A 12 June 2002 DA Form 2823 (Sworn Statement) was prepared wherein a
staff sergeant (SSG) reported the applicant had approached her with
concerns about her work site.  The applicant reported that she felt like
stabbing one of the other Soldiers and was concerned about working around
all of the sharp items in the kitchen.  She was told that if she ever felt
like hurting herself or a coworker to let one of the NCOs know and she
would be taken to the hospital.  She was offered and accepted a transfer to
the ration issue room for duty.

7.  On 25 June 2002 the applicant phoned the Dinning Facility Manager, a
sergeant first class (SFC), and told the SFC that she had taken 15 sleeping
pills. The SFC drove the applicant to the hospital where she was admitted
for a suicidal gesture.  This incident is documented on a DA Form 4856.

8.  Her unit commander initiated separation proceedings under the
provisions of Army Regulation 635-200, paragraph 5-17 on 28 August 2002.

9.  The applicant acknowledged she had been advised of and understood her
rights under the Uniform Code of Military Justice.  She requested to
consult with military counsel and waived her right to submit a statement on
her own behalf.

10.  The separation authority approved the separation request and directed
that she be discharged under Army Regulation 635-200, paragraph 5-17 with
an honorable discharge and not be transferred to the Individual Ready
Reserve.

11.  The applicant was honorably discharged on 4 November 2002.  She had
1 year, 7 months, and 13 days of creditable service with no time lost.

12.  The DD Form 214 (Certificate of Release or Discharge From Active
Duty), issued 4 November 2002, lists the separation authority as Army
Regulation 635-200, paragraph 5-17 with a separation code of JFV.  The
narrative reason for separation is listed as "Physical Condition, not a
disability".

13.  Army Regulation 635-200, chapter 5 sets forth the basic authority for
separation of enlisted personnel for separation for Convenience of the
Government.  Paragraph 5-17 pertains to separations for other designated
physical or mental conditions not amounting to disability under Army
Regulation 635-40 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.

14.  Army Regulation 635-5-1 prescribes the specific authorities, reasons
for separating Soldiers from active duty, and the separation program
designator (SPD) codes to be entered on DD Form 214.  A SPD of JFV
indicates a reason for separation of a physical or mental condition not
amounting to disability under Army Regulation 635-40 (Physical Evaluation
for Retention, Retirement, or Separation).

DISCUSSION AND CONCLUSIONS:

1.  The notation on the applicant's DD Form 214 is correct.  Due to space
restrictions the complete verbiage of "physical or mental condition not
amounting to disability under Army Regulation 635-40" was not utilized.
Even if she had qualified for retirement due to a mental condition the
terminology used would have been physical disability.

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


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD __  __LVB__  __CLG __  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.





                                  _      Curtis L. Greenway________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            | 20051006                               |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR 635-200 para 5-17. . . . .           |
|DISCHARGE REASON        |Physical Condition, not a disability    |
|BOARD DECISION          |                                        |
|                        |Deny                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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