RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050004786


      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. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 his honorable discharge be changed to a
medical discharge.

2.  The applicant states that the narrative reason for separation should
reflect a mental disorder instead of "Physical Condition, Not a Disability"
which is currently shown on his DD Form 214 (Certificate of Release or
Discharge from Active Duty).

3.  The applicant provides a DD Form 214 with separation date of 13 April
2004; Womack Army Medical Center memorandum, dated 22 January 2004; DA Form
4187 (Personnel Action), dated 7 February 2004; DFAS Form 702 (Defense
Finance and Accounting Service Military Leave and Earnings Statement) for
the period covered 1 April – 13 April 2004; a copy of his Connecticut
Driver License; a copy of his Social Security card; and a copy of his Birth
Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army on 4 March 2003 for a period of 3
years.  After completion of basic and advanced individual training, he was
awarded military occupational specialty 92R (Parachute Rigger) and assigned
to 623rd Quartermaster Company, Fort Bragg, North Carolina.

2.  Womack Army Medical Center memorandum, dated 22 January 2004, shows the
applicant underwent a mental health evaluation.  The examining medical
officer found the applicant's behavior as cooperative and alert, but also
anxious.  The examining medical officer stated the following Diagnostic
Findings regarding the applicant under Axis I: "Sleepwalking Disorder;
Specific Phobia – heights/flying; History MDE [Major Depressive Episode];
and History Alcohol Abuse."

3.  The examining medical officer continued that the applicant has the
mental capacity to participate in the proceedings and is mentally
responsible and able to distinguish between right and wrong; however,
precautions should be considered because the applicant is potentially
dangerous to self and should be closely monitored by unit personnel.  The
examining medical officer also stated the applicant should not have access
to weapons/ammo on or off post; that he should not consume alcoholic
beverages and command is advised to issue an order forbidding any use on or
off post of alcohol; and no live fire or airborne operations.

4.  The examining medical officer stated that the Soldier’s present state
of emotional and/or behavioral dysfunction is of such severity that the
Soldier’s ability to perform military duties are significantly impaired;
therefore, this condition meets the criteria set forth in Army Regulation
635-200, Chapter 5-17 for administrative separation.  The examining medical
officer further stated the separation action would be in the best interest
of the applicant, as well as, the unit.

5.  DA Form 4856 (Developmental Counseling Form), dated 4 February 2004,
shows the applicant was counseled by his company commander regarding the
findings of the mental health evaluation conducted on 22 January 2004.
This form shows the company commander agreed with the mental health
evaluation recommendation to discharge the applicant from the military
based on the severity of his current mental state.

6.  This form further shows that the applicant is prohibited from access to
weapons/ammo on or off post; not to consume any alcoholic beverages; to not
participate in any live fire exercises; and to not participate in airborne
operations. The applicant agreed with the information stated and
authenticated the form.

7.  DD Form 2807-1 (Report of Medical History), dated 11 February 2004,
shows that the applicant answered "Yes" to question 21 "Have you ever been
a patient in any type of hospital?"  Item 29 (Explanation of "Yes" Answers)
shows that the applicant annotated the following entry, "About 6 years ago
I was hospitalized in a mental clinic in Hartford, CT [Connecticut] for
depression and anxiety."

8.  Item 29 of the DD Form 2807-1 also shows the applicant suffered from
"air sickness, anxiety very often, and sleep walking."

9.  DD Form 2808 (Report of Medical Examination), dated 11 February 2004,
shows in item 77 (Summary of Defects and Diagnosis) an entry
"Anxiety/Depression."

10.  623rd Quartermaster Company memorandum, dated 16 March 2004, notified
the applicant that action would be initiated to separate him from the
military under the provisions of Army Regulation 635-200, Chapter 5-17 for
Other Physical or Mental Disorders.  The memorandum stated the reason for
the proposed action was the applicant's present state of emotional and/or
behavioral dysfunction is of such severity that his ability to perform
military duties is significantly impaired and that these difficulties are
likely to become more pronounced as he would be required to take on more
responsibilities.
11.  On 16 March 2004, the applicant acknowledged the separation action
under the provisions of Army Regulation 635-200, Chapter 5-17 for Other
Physical or Mental Disorders.

12.  On 18 March 2004, the applicant consulted with counsel on the basis of
the separation action for Other Designated Physical or Mental Conditions
under the provisions of Army Regulation, 635-200 Chapter 5-17, and its
effect; of the rights available to him; and the effect of any action taken
by him in waiving any of his rights.  The applicant understood that he may
be given an honorable or general discharge, if eliminated from the service,
and understood that he may expect to encounter substantial prejudice in
civilian life if a general discharge, under honorable conditions is issued
to him.

13.  On 18 March 2004, the applicant's company commander recommended the
applicant be separated from the military under the provisions of Army
Regulation 635-200, Chapter 5-17, for Other Physical or Mental Disorders.

14.  On 22 March 2004, the commanding officer of the 46th Corps Support
Group approved the recommendation of separation under the provisions of
Army Regulation 635-200, Chapter 5-17 for Other Physical or Mental
Disorders and directed that the applicant be issued an Honorable Discharge
Certificate.

15.  The applicant was separated on 13 April 2004, under the provisions of
Army Regulation 635-200, paragraph 5-17, by reason of physical condition,
not a disability and issued an Honorable Discharge Certificate.  He had
served 1 year, 1 month, and 10 days of active Federal service.

16.  Army Regulation 635-200 (Active Duty Enlisted Administrative
Separations) provides the basic authority for the separation of enlisted
personnel.  Paragraph 5-17 specifically provides that Soldiers may be
separated on the basis of other physical or mental conditions not amounting
to disability that potentially interfere with assignment to or performance
of duty.  Such conditions may include, but are not limited to – Chronic
Airsickness; Chronic 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 are
significantly impaired.

17.  Paragraph 5-17 of Army Regulation 635-200 further indicates that when
a commander determines that a Soldier has a physical or mental condition
that potentially interferes with assignment to or performance of duty, the
commander will refer the Soldier for a medical examination and/or mental
status evaluation.
18.  Army Regulation 635-5 (Separations Document) establishes the
standardized policy for preparing and distributing the DD Form 214.  In
pertinent part, it directs that the regulatory authority authorizing the
separation will be entered in item number 25 of the DD Form 214.  Item
number 28 will contain the narrative reason for separation, as shown in
Army Regulation 635-5-1 based on the regulatory authority.

19.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
prescribes the specific authorities (regulatory, statutory, or other
directives), the reasons for the separation of members from active military
service, and the separation program designators to be used for these stated
reasons.  The regulation shows that the separation program designator “JFV”
as shown on the applicant’s DD Form 214 specifies the narrative reason for
discharge as “Condition, Not a Disability” and that the authority for
discharge under this separation program designator is “AR 635-200, para 5-
17”.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for his discharge
should be corrected and that his record should show he was medically
discharged based on his mental disorder.

2.  The applicant did not submit any evidence that supports this
contention. Regulation states that Soldiers may be separated on the basis
of other physical or mental conditions not amounting to disability.
Evidence shows the applicant was hospitalized and treated for a mental
disorder that existed prior to entering the military.  Medical records also
show he was diagnosed with anxiety, sleepwalking and phobias while on
active duty which warranted separation under the provisions of paragraph 5-
17 of Army Regulation 635-200.

3.  Evidence shows that based on these diagnoses, he was properly and
equitably discharged in accordance Army Regulation 635-200, Chapter 5-17.
Lacking evidence to the contrary, it is determined that all requirements of
law and regulations were met and the rights of the applicant were fully
protected throughout the separation process.

4.  The applicant’s administrative separation was in compliance with
applicable regulations with no indication of procedural errors which would
tend to jeopardize his rights.  The type of discharge and reason for
separation were appropriate considering all the facts of the case.


5.  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

_TDJ______  __JI______  __CD______  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.





                                   ___Thomas D. Howard, Jr.__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004786                           |
|SUFFIX                  |                                        |
|RECON                   |20051103                                |
|DATE BOARDED            |20051109                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/04/13                              |
|DISCHARGE AUTHORITY     |AR 635-200, para 5-17                   |
|DISCHARGE REASON        |Condition, not disability               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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