RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 June 2007
DOCKET NUMBER: AR20060017065
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.
Ms. Catherine C. Mitrano
Director
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Ms. LaVerne M. Douglas
Chairperson
Mr. Edward E. Montgomery
Member
Ms. Rea M. Nuppenau
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 item 25 (Separation Authority) of his DD Form
214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states, in effect, that his commander recommended his discharge under the provision of Army Regulation 635-200 (Personnel Separation), paragraph 5-17 not 5-18. He states, in effect, because the separation authority on his DD Form 214 was entered incorrectly he is not eligible for Veterans health care.
3. The applicant provides a copy of his DD Form 214 and his separation packet.
CONSIDERATION OF EVIDENCE:
1. The applicant entered active duty on 23 October 2003. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 63Y1O (Track Vehicle Mechanic).
2. A Report of Mental Status Evaluation, dated 1 March 2004, shows that the applicant was recommended for "Expeditious separation from the military for the good of the individual and of the Army." He was diagnosed by a qualified psychiatrist as having a pervasive developmental disorder not other wise specified. The psychiatrist stated, it was unlikely that further rehabilitative actions would be effective under the current constraints of his military unit.
3. His separation packet shows that his commander recommended his separation under the provision of Army Regulation 635-200, paragraph 5-17.
4. On 11 March 2004, the separation authority approved the request for separation in accordance with Army Regulation 635-200, paragraph 5-17. The DD Form 214 the applicant was issued shows in item 25 the entry "AR 635-200, PARA 5-18." He was honorably discharged after serving a total of 4 months and 23 days of active service.
5. Army Regulation 635-200, paragraph 5-17, states, in pertinent part, that commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 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 is significantly impaired.
6. Army Regulation 635-200 does not contain a paragraph 5-18.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 25 of his DD Form 214 is incorrect. The entry in item 25 should show Army Regulation 635-200, paragraph 5-17 not
5-18.
2. The evidence shows that the applicant was separated under the provisions of Army Regulation 635-200, paragraph 5-17 for physical condition, not a disability. Therefore, the applicant is entitled to correction of his records to show in item
25 of the DD Form 214, Army Regulation 635-200, paragraph 5-17.
BOARD VOTE:
___lmd__ ___rmn__ ___eem__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in item 25 of the DD Form 214, Army Regulation 635-200, paragraph
5-17 and remove AR 635-200, PARA 5-18.
________LaVerne M. Douglas_______
CHAIRPERSON
INDEX
CASE ID
AR20060017065
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070612
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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