RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 September 2004
DOCKET NUMBER: AR2004103052
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. Fred Eichorn | |Chairperson |
| |Ms. Karen Y. Fletcher | |Member |
| |Mr, Ronald E. Blakely | |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 Item 7b (Home of Record), Item
12d (Total Prior Active Service), Item 12f (Foreign Service), Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized)
and Item 28 (Narrative Reason for Separation) of his separation document
(DD Form 214) be corrected.
2. The applicant states that his DD Form 214 should reflect the correct
information in the items in question. He claims the town listed in Item 7b
should be Roseburg as opposed to Rosenburg as is currently listed. He also
states that Item 12d should contain an entry showing 1 year, Item 12f
should show 2 months and Item 13 should include Southwest Asia (SWA) and
Combat Infantryman Badge (CIB) in the list of authorized awards based on
his service in Iraq. The applicant also states that Item 28 should read
Disability, Post Traumatic Stress Disorder (PTSD) and Psychosis incurred in
combat in Iraq.
3. The applicant provides a copy of his DD Form 214 in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant’s record shows he enlisted in the Regular Army and
entered active duty on 20 May 2003. The Enlistment Contract (DD Form 4) on
file lists the city of Roseburg in Item 3 (Home of Record). Item 7 (Prior
Military Service Upon Enlistment/Reenlistment) is blank, indicating no
prior active or inactive military service.
2. The applicant’s Personnel Qualification Record (PQR), DA Form 2-1,
indicates that subsequent to his enlistment, he was assigned to Fort
Stewart, Georgia, where he arrived for duty on 27 May 2003. Item 5
(Overseas Service) is blank, indicating he completed no overseas service
and Item 9 (Awards, Decorations & Campaigns) shows that he earned the Army
Service Ribbon and National Defense Service Medal.
3. On 3 September 2003, the applicant underwent a mental status evaluation
at the United States Army Medical Department Activity, Fort Stewart,
Georgia. The Staff Psychiatrist diagnosed the applicant with “Psychosis,
Not Otherwise Specific (NOS)” and found the applicant met the retention
standards and had no psychiatric disease/defect that warranted disposition
through medical channels.
4. The attending psychiatrist found the applicant’s condition and problems
presented were not amenable to further treatment, manifesting disturbances
of perception, thinking, emotional control or behavior sufficiently severe
that his ability to effective perform military duties was significantly
impaired. The psychiatrist also found the applicant had the mental
capacity to understand and participate in board or other administrative
proceedings and finally recommended that the applicant be administratively
separated under the provisions of chapter 5-17, Army Regulation 635-200.
5. The applicant’s unit commander notified the applicant that action was
being initiated to separate him under the provisions of paragraph 5-17,
Army Regulation 635-200, by reason of other designated physical or mental
condition. He stated the reason for taking the action was the applicant
being diagnosed with Psychosis NOS.
6. On 29 September 2003, the applicant acknowledged receipt of the
separation notification and confirmed that he had been provided a copy of
all documents contained in the separation packet.
7. On 1 October 2003, the applicant consulted with defense counsel and was
advised of the basis for the contemplated separation action and its
effects, the rights available to him and the effects of a waiver of those
rights. Subsequent to this counseling, the applicant elected not to submit
a statement in his own behalf.
8. The separation authority approved the applicant’s separation under the
provisions of paragraph 5-17, Army Regulation 635-200 by reason of other
designated physical or mental conditions and directed that the applicant
receive an honorable discharge. On 17 October 2003, the applicant was
discharged accordingly.
9. The DD Form 214 issued to the applicant on the date of his separation,
17 October 2003, shows he held the rank of private/E-2 and military
occupational specialty (MOS) 11B (Infantryman). It also shows he completed
a total of
4 months and 28 days of active military service during the period covered.
However, Item 12d and 12f entries indicate no prior active service or
foreign service and Item 18 (Remarks) contains no entry indicating service
in Iraq.
10. Item 26 (Separation Authority) confirms the applicant was separated
under the provisions of paragraph 5-17, Army Regulation 635-200 and Item 28
contains an entry indicating the narrative reason for his separation was
“Physical Condition, not a disability”.
11. Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations)
sets policies, standards, and procedures for the administrative separation
of enlisted soldiers. Paragraph 5-17 contains guidance on separating
members for other designated physical or mental conditions. It states, in
pertinent part, that separation may be authorized for 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.
12. Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army. It also
establishes standardized policy for preparing and distributing the DD Form
214.
13. Chapter 2 of the separation documents regulation contains guidance on
preparation of the DD Form 214. Source documents include the PQR,
separation approval authority documentation, if applicable, and any other
document authorized for filing in the Official Military Personnel File
(OMPF).
14. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards. Paragraph 8-6 contains the
criteria for awarding the CIB. It states, in pertinent part, that there are
basically three requirements for award of the CIB. The soldier must be an
infantryman satisfactorily performing infantry duties, must be assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s claim that Items 12d, 12f, 13 and 28 of his DD Form 214
should be corrected was carefully considered. However, there is
insufficient evidence to support this requested relief.
2. The evidence of record confirms the applicant enlisted and entered
active duty on 20 May 2003 and served until being honorably discharge on 17
October 2003. There is no evidence showing the applicant completed any
prior active military service or that he served overseas during this period
covered by the
DD Form 214. As a result, there is an insufficient evidentiary basis to
support a correction to the prior active service or foreign service entries
in Items 12d and 12f, or to add an entry in Item 18 indicating Iraq
service.
3. The record is also void of any indication that the applicant satisfied
the criteria necessary to support his receiving the CIB or that he is
entitled to a service award for Southwest Asia service. As a result, there
is no basis for adding awards to those already listed in Item 13 of his DD
Form 214.
4. The evidence of record also confirms the applicant’s separation
processing was accomplished in accordance with the applicable regulation.
All requirements of law and regulation were met and his rights were fully
protected throughout the separation process. The separation packet on file
confirms the applicant was discharged under the provisions of paragraph 5-
17, Army Regulation 635-200, by reason of physical condition, not a
disability. Therefore, the narrative reason for separation listed in Item
28 of the applicant’s DD Form 214 accurately corresponds to the authority
for his separation. Further, there is no evidence suggesting that a PTSD
condition was present at the time of his discharge.
5. The record does show the home of record entry on the DD Form 214 was
not accurately transferred from his enlistment contract. This is an
administrative error that does not require Board action to correct.
Therefore, this administrative correction of the applicant's records will
be accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_FE ____ __KYF___ __REB __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board determined that administrative error in the records of the
individual should be corrected. Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by amending Item 7b (Home of Record) by deleting the city
Rosenburg and replacing it with the city Roseburg; and by providing him a
corrected separation document that reflects this change.
____FRED EICHORN ___
CHAIRPERSON
INDEX
|CASE ID |AR2004103052 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2004/09/DD |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2003/10/17 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |Physical Condition, Not a Disability |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |107.0000 |
|2. |120.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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