RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 July 2007
DOCKET NUMBER: AR20070000462
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:
Mr. John N. Slone
Chairperson
Mr. David K. Haasenritter
Member
Ms. LaVerne M. Douglas
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 discharge for personality disorder be corrected to a medical discharge for Post Traumatic Stress Disorder (PTSD).
2. The applicant states that his doctors and military medical records disagreed with the reason for his separation. He should have been diagnosed with PTSD.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a Standard Form 600 (Chronological Record of Medical Care), and a DA Form 2173 (Statement of Medical Examination and Duty Status).
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he entered active duty in support of Operation Iraqi Freedom on 15 May 2004. He served with Company D, 1st Infantry, 101st Cavalry Division.
2. His records show that he returned to the United States from Iraq due to his exhibiting symptoms of PTSD and personality disorder. His chief complaint was stressors that continuously got worse and, as a result, he developed some ulcers and chronic reflux condition, which caused him to be hospitalized.
3. On 12 August 2005, the applicant was diagnosed with esophageal reflux, chronic PTSD, and depression. His record of medical care shows that he was given a one day profile, and was released back to work with duty limitations. A copy of the applicant's profile was not included.
4. The applicant's records do not have a copy a Medical Evaluation Board (MEBD) or a Physical Evaluation Board (PEB) proceeding.
5. Army Regulation 40-501, paragraph 3-35, states in effect that a history of, or current manifestations of, personality disorders, sexual or factitious disorders; disorders of impulse control not elsewhere classified, and psychoactive disorders, render an individual administratively unfit. It further states that these conditions, among others, render an individual administratively unfit rather than unfit because of physical illness or medical disability.
6. Army Regulation 635-200, paragraph 5-13, provides for the separation of enlisted Soldiers for personality disorders when the condition is deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the Soldiers ability to perform duty.
7. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a Medical Evaluation Board (MEBD). Those members who do not meet medical retention standards will be referred to a Physical Evaluation Board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his discharge for personality disorder should be corrected to a medical discharge for PTSD.
2. The applicant's statement that his doctor and military medical records disagreed with the reason for separation is noted. However, the applicant wasn't found medically disqualified. Without a medically disqualifying condition, the applicant couldn't be considered by an MEBD. Without an MEBD the applicant couldn't be referred to a PEB. Without a PEB the applicant couldn't be medically discharged.
3. The Board must review a case with a presumption of regularity, that what the Army did was correct. It is up to the applicant to prove otherwise. The applicant has not submitted any documentation to overcome the presumption of regularity.
4. In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit sufficient evidence that would satisfy this requirement. Therefore, he is not entitled to correction of his separation document to show PTSD.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___lmd__ ___dkh __ ___jns___ 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.
__________John N. Slone________
CHAIRPERSON
INDEX
CASE ID
AR20070000462
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070717
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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