RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050004248


      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. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 that the reason and separation code for his
discharge be changed to physical disability.

2.  The applicant states that he was having marital problems after he came
back from Iraq.  He was diagnosed with a bipolar disorder, but his
discharge states personality disorder.  He should have gone to a medical
evaluation board (MEB) and a physical evaluation board a (PEB) and been
separated with disability severance pay.  He believes he suffers from post
traumatic stress disorder (PTSD) from his service in Iraq.  He was placed
on a physical profile for his back, but he did not receive proper treatment
for this medical condition.  The treatment records from Cedar Springs
contain hearsay evidence about his childhood that led to the diagnosis of
bipolar disorder rather than PTSD.

3.  The applicant provides copies of his DD Form 214 (Release or Discharge
from Active Duty, approximately 34 pages of service medical records,
approximately 24 pages of Army training and counseling records, and several
pages of documents from a joint State of Montana/Army National Guard youth
training program.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted and entered active duty on 13 February 2003.  He
completed training as a construction and asphalt equipment operator and
served in Iraq from 9 August 2003 to 22 February 2004.
.
2.  The applicant was stopped by the military police on post at Fort
Carson, Colorado for running a stop sign on 23 June 2004.  He was detained
for assaulting his wife and unlawfully detaining her in the car after she
requested that she and their infant daughter be let out.  The company
commander referred him for mental health counseling.

3.  The applicant was recommended for action under the Uniform Code of
Military Justice for disobeying a lawful order to reside in the barracks
between 13 June and 27 June 2004.

4.  On 20 July 2004, he was hospitalized in a civilian facility after
taking a suicidal overdose of amoxicillin, Flexeril [a muscle relaxant] and
Naprosyn [a non-steroidal anti-inflammatory].  His wife informed the
treating physician that he had made a suicide threat over the phone and
that he had mood and anger problems as a child and as an adolescent.
Members of his unit reported that he had trashed his barracks while arguing
with his wife on the telephone.  The
psychiatrist arrived at a diagnosis of type II bipolar disorder based upon
the information about his earlier mood and anger problems.  He responded
favorably to the prescribed medications.  The final diagnosis was:

      Axis I [Mental disorders]                     Bipolar disorder type
II
      Axis II [Personality features]                Personality disorder
                                             characteristics
      Axis III [Physical condition]                       Post overdose
      Axis IV [Severity of stressors]                High
      Axis V       [Global Assessment Functioning]       60 (moderate)


5.  On 27 July 2004, the commanding officer initiated a flag of the
applicant's record pending elimination from the service.

6.  At a 29 July 2004 follow-up evaluation, a psychiatrist found that the
applicant did not have a severe mental disorder, but that he manifested a
long-standing disorder of character behavior or adaptability of such
severity as to preclude adequate military service.  He found that the
applicant met the psychiatric criteria for separation for personality
disorder, cleared the applicant for administrative action by the command,
and recommended separation under the provisions of Army Regulation 635-200
(Administrative Separations), paragraph 5-13 (personality disorder).

7.  The applicant was informed of initiated separation action due to
personality disorder on 11 August 2004.  He consulted with counsel, was
informed of his rights, and the meaning and possible consequences of the
discharge.  He elected to not submit statements in his own behalf.

8.  The company commander, on 13 August 2004, recommended separation from
the service for the convenience of the government due to personality
disorder.  The battalion recommended approval and the appropriate authority
approved the separation and directed that an honorable discharge be issued.

9.  None of the available medical records suggest that the applicant was
unable to perform his duties because of a physical or mental disability or
that processing through medical disability channels was required or
appropriate.

10.  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.
11.  Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that
for an individual to be found unfit by reason of physical disability, he
must be unable to perform the duties of his office, grade, rank, or rating.

12.  The Diagnostic and Statistical Manual of Mental Disorders (DSM) IV
offers the following diagnostic criteria for Bipolar II Disorder:

      A)  Presence (or history) of one or more Major Depressive Episodes;

      B)  Presence (or history) of at least one Hypomanic Episode [A
distinct period of persistently elevated, expansive, or irritable mood,
lasting throughout at least 4 days, that is clearly different from the
usual nondepressed mood.];


      C)  There has never been a Manic Episode or a Mixed Episode;

      D)  The mood episodes in Criteria A and B are not better accounted
for by Schizoaffective Disorder and is not superimposed on Schizophrenia,
Schizophreniform Disorder, or Psychotic Disorder Not Otherwise Specified;
and

      E)  The symptoms cause clinically significant distress or impairment
in social, occupational, or other important areas of functioning.

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence of record indicates that the applicant was
medically fit for retention at the time of his separation.  He has
submitted no probative medical evidence to the contrary.

2.  There is also no available evidence that the applicant was suffering
from PTSD at the time of the discharge.

3.  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

__RJF___  __WDP _  __TMR __  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.





                                  __     William D. Powers______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004284                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060105                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY)                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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