RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 February 2007
DOCKET NUMBER: AR20060012362
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.
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 her records be corrected by removing a "record of command-referred psychiatric evaluation" during October 2004 and an erroneous diagnosis of "unspecified nonpsychotic mental disorder" from a MEDBASE Form 2766-M, dated 02/9/2005.
2. The applicant states she was suffering from gynecological problems which led to a hysterectomy and bilateral ophorectomy.
3. The applicant provides various medical records related to her issues.
CONSIDERATION OF EVIDENCE:
1. The applicant is a major in the US Army Reserve (USAR). From April 2004 through 7 May 2005, she served on active duty in Kuwait in support of Operation Iraqi Freedom.
2. The applicant states within a month of arriving in Kuwait, she began being harassed by her superior. In July 2004, she filed an Inspector General (IG) complaint. She was subsequently transferred to another position in Kuwait and, in October 2004, the IG substantiated her complaint and her harasser was transferred to Baghdad.
3. During the duration of the investigation, the applicant states she experienced physical symptoms. She reported to sick call and was given over-the-counter drugs. She requested medical evacuation to the United States, but she was denied.
4. The applicant states her battalion commander, in October 2004, ordered her to undergo a psychiatric evaluation. She rebutted the order claiming it was retaliation for her IG complaint against her superior. She filed a complaint under the Whistleblower Protection Act. She then underwent a fitness for duty evaluation which included an evaluation by a psychiatrist. The fitness for duty examination was concluded on 9 October 2004 and found her to be fit for duty, with a normal mental status.
5. In December 2004, the applicant returned to the United States and Fort Bliss, TX. On 28 February 2005, she underwent a hysterectomy and a bilateral salpingo-ophorectomy.
6. In the processing of this case, an advisory opinion was obtained from the Psychiatry Consultant to The Army Surgeon General which states that no medical documentation could be found in the applicant's records command-referring her for a psychiatric evaluation. However, a MEDBASE Form 2766-M for the period from 25 April 2005 back to 12 April 2004 does show "Diagnosis 300.9 UNSPECIFIED NONPSYCHOTIC MENTAL DISORDER dated 9 February 2005. The opinion states no documentation of mental disorder by a psychiatrist could be found, thus removal of the entry is warranted. The applicant was provided a copy of the opinion, but did not respond.
7. Coordination with the Department of Defense IG Office shows that the applicant's Whistleblower complaint did not warrant investigation and the case was closed on/about 14 November 2006.
DISCUSSION AND CONCLUSIONS:
1. Almost immediately after arriving in Kuwait, the applicant filed a complaint against her superior, then requested medical evacuation to the United States, and then filed for protection under the Whistleblower Protection Act.
2. The applicant contended she was ill and she alleges her chain of command suspected her of being mentally unstable. The record shows she returned to the United States in December 2004 and had surgery in February 2005.
3. There is no evidence in the applicant's file to show a "record of command-referred psychiatric evaluation." This is confirmed by the Psychiatry Consultant to The Army Surgeon General.
4. There is reference to a diagnosis of UNSPECIFIED NONPSYCHOTIC MENTAL DISORDER on 9 February 2005 on a MEDBASE Form 2766-M. As stated in the advisory opinion, it would be appropriate to delete this entry.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__tsk___ __lcb___ __lmd___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "300.9 UNSPECIFIED NONPSYCHOTIC MENTAL DISORDER NEWMI 02/9/2005" from her MEDBASE Form 2766-M
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application pertaining to a "record of command-referred psychiatric evaluation" during October 2004.
Ted S. Kanamine
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060012362
SUFFIX
RECON
DATE BOARDED
20070227
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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