Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050017424C070206
Original file (20050017424C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050017424


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert Osborn                 |     |Chairperson          |
|     |Mr. John Moeller                  |     |Member               |
|     |Ms. Naomi Henderson               |     |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 his narrative reason for
separation be changed.

2.  The applicant states his reason for discharge does not correlate with
his medical records.  He contends that the Community Health Mental Service
(CMHS) determined he had anxiety attacks and diagnosed him with adjustment
disorder with mixed anxiety and depressed mood which led to a separation
recommendation.  He points out that on the same day he lost consciousness
while standing and broke his jaw and while he was hospitalized he was
diagnosed with pneumonia.  He states the pneumonia was not detected during
multiple visits to the hospital in prior weeks.  In conclusion, he states
that he may have been experiencing anxiety because of the undiagnosed
pneumonia.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 17 September 2002 for a period of 6 years.

2.  On 9 October 2002, the applicant was diagnosed by the CMHS with
adjustment disorder with mixed anxiety and depressed mood.  He was
psychiatrically cleared for any administrative action deemed appropriate by
his command.

3.  On 18 October 2002, while participating in basic combat training the
applicant lost consciousness and fell, sustaining an injury to his jaw and
chipping several teeth.

4.  On 18 October 2002, as a self referral, the applicant was diagnosed by
the CMHS with depressive disorder.  He was psychiatrically cleared for any
administrative action deemed appropriate by his command.

5.  On 18 October 2002, the applicant was notified of his pending
separation under the provisions of Army Regulation 635-200, chapter 11, for
Entry Level Status Performance and Conduct, specifically, for failure to
adapt to the military environment.

6.  On 2 December 2002, after consulting with counsel, the applicant waived
his rights and elected not to submit a statement on his own behalf.

7.  On 2 December 2002, the separation authority approved the
recommendation for discharge and directed that the applicant be furnished
an uncharacterized characterization of service.

8.  The applicant was discharged with an uncharacterized characterization
of service on 10 December 2002 under the provisions of Army Regulation 635-
200, chapter 11, by reason of Entry Level Performance and Conduct.  He had
served
2 months and 24 days of creditable active service.

9.  Item 25 (Separation Authority) on the applicant's DD Form 214
(Certificate of Release or Discharge from Active Duty) shows the entry, "AR
[Army Regulation] 635-200, CHAP [chapter] 11."  Item 26 (Separation Code)
on his DD Form 214 shows the entry, "JGA."  Item 28 (Narrative Reason for
Separation) on his DD Form 214 shows the entry, "ENTRY LEVEL PERFORMANCE
AND CONDUCT."

10.  There is no evidence in the available records which shows the
applicant was diagnosed with pneumonia or any medical condition prior to
his discharge on
10 December 2002.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 11 (Entry Level Performance and
Conduct) of this regulation provides for the separation of personnel due to
unsatisfactory performance or conduct (or both) while in an entry level
status.  This provision of regulation applied to individuals who had
demonstrated inability, lack of reasonable effort, or failure to adapt to
the military environment.  The regulation states that a Soldier is in an
entry level status if the Soldier has not completed more than 180 days of
creditable continuous active duty prior to the initiation of separation
action.  The Soldier’s service is uncharacterized when separated under this
chapter.

12.  Army Regulation 635-5-1 (Separation Program Designator 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 states the reason for discharge based on
separation code “JGA" is “Entry Level Performance and Conduct” and the
regulatory authority is Army Regulation 635-200, chapter 11.

DISCUSSION AND CONCLUSIONS:

1.  Medical evidence of record shows the applicant was psychiatrically
cleared by the CMHS for any administrative action deemed appropriate by his
command prior to his discharge.  There is also no evidence of record to
show he was ever medically unfit to perform his duties.  The applicant was
separated because of his failure to adapt to the military environment.

2.  The narrative reason for separation used in the applicant’s case is
correct and was applied in accordance with the applicable regulations.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

RO_____  __JM____  _NH_____  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.




                                  __Robert Osborn______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017424                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060713                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2010 | 20100024670

    Original file (20100024670.txt) Auto-classification: Denied

    On 12 February 2010, the DVA granted the applicant a 10 percent disability rating for an adjustment disorder with anxiety and depressed mood. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated. _______ _ x _______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

  • ARMY | BCMR | CY2008 | 20080012371

    Original file (20080012371.txt) Auto-classification: Denied

    The DD Form 214 he was issued at the time of his discharge confirms he was discharged under the provisions of paragraph 11-3a of AR 635-200 and his characterization of service was Entry Level Status or Uncharacterized. Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. In the version of this regulation in effect at the time, SPD code JGA was used for...

  • ARMY | BCMR | CY2008 | 20080016078

    Original file (20080016078.txt) Auto-classification: Denied

    It states, in pertinent part, that separation under this chapter applies to Soldiers who are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of continuous active duty and have demonstrated that they cannot or will not adapt socially or emotionally to military life. Evidence of record shows that the applicant was discharged from active duty on 22 February 2002 under the provisions of Army Regulation 635-200, chapter...

  • ARMY | DRB | CY2013 | AR20130011095

    Original file (AR20130011095.txt) Auto-classification: Denied

    The evidence of record shows that on 1 June 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for being unable to adapt to military life, for having continued symptoms of anxiety, depression, and somatic symptoms. The applicant was separated from the Army on 12 June 2001, with an uncharacterized discharge. It states a separation will be described as entry-level...

  • ARMY | DRB | CY2013 | AR20130000168

    Original file (AR20130000168.txt) Auto-classification: Denied

    The evidence of record shows that on 12 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for receiving a Mental Health evaluation and a diagnosis made on 25 November 2008 for Adjustment Disorder with Depressed mood. The applicant was separated from the Army on 18 December 2008 with an uncharacterized discharge. It states a separation will be described...

  • ARMY | BCMR | CY2014 | 20140017271

    Original file (20140017271.txt) Auto-classification: Denied

    On 2 February 1999, the applicant's company commander notified him that she was recommending that the applicant be separated from the Army under the provisions of Army Regulation 635-200, chapter 11 due to his lack of motivation and diagnosis of adjustment disorder. It states that the SPD code JGA is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, chapter 11, by reason of entry level performance and conduct. Army Regulation 635-200...

  • ARMY | BCMR | CY2013 | 20130002325

    Original file (20130002325.txt) Auto-classification: Denied

    The 6 August 2003 Report of Mental Status Evaluation memorandum for her commander listed Borderline personality disorder and stated her depressive disorder in full remission "has nearly resolved with treatment and is not a significant factor in recommendation for separation." Accordingly, her chain of command initiated separation action against her. As confirmed by the OTSG advisory opinion, there is insufficient medical evidence to support an unfitting PTSD finding at the time of her discharge.

  • ARMY | BCMR | CY2014 | 20140019825

    Original file (20140019825.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). a. Paragraph 5-13 (Separation because of personality disorder) provides that a Soldier may be separated for a personality disorder (not amounting to disability) that interferes with assignment, or with duty performance, when so disposed as indicated in paragraph 5-13a. The evidence of record clearly shows she was diagnosed with a personality disorder and that mental health professionals recommended...

  • ARMY | DRB | CY2008 | AR20080014592

    Original file (AR20080014592.txt) Auto-classification: Denied

    Chapter 11, of this regulation, in pertinent part, states that a member may be separated for unsatisfactory performance, conduct, or both, while in an entry level status. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review and issues she submitted with the application, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an...

  • ARMY | BCMR | CY2013 | 20130020979

    Original file (20130020979.txt) Auto-classification: Denied

    BOARD DATE: 10 July 2014 DOCKET NUMBER: AR20130020979 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is nothing in her records that states she was depressed prior to her military service.