Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080010456
Original file (20080010456.txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	        23 October 2008

		DOCKET NUMBER:  AR20080010456 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (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, in effect, that upon his entrance into the military he did not have any mental health conditions nor had he ever been treated for such.  He contends that this condition had its onset while he was on active duty; therefore, it should be considered related to military service to allow for a medical discharge.

3.  The applicant provides a VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative), dated 9 April 2008.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 29 March 2007 for a period of 8 years.  He was ordered to active duty for training on 7 June 2007.

2.  The applicant’s unit commander initiated action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.  He cited that the applicant had been diagnosed by a psychiatrist with major depressive disorder, single episode, moderate anxiety NOS (not otherwise specified) (panic symptoms and generalized anxiety symptoms).  He stated that the severity of the applicant’s condition resulted in significant impairment in his ability to function in a military environment.  The separation authority approved the recommendation for separation and directed the issuance of an honorable discharge.  On 18 March 2008, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for a physical condition, not a disability.

3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-17 sets the policy and prescribes procedures for separating members on the basis of other physical or mental conditions not amounting to a disability that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to, chronic airsickness or 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.

4.  Paragraph 3-36 (Adjustment Disorders) of Army Regulation 40-501 (Standards of Medical Fitness) states that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.

5.  Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

The applicant was diagnosed with major depressive disorder, single episode, moderate anxiety NOS (panic symptoms and generalized anxiety symptoms).  Since the governing regulation states that adjustment disorders/situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty, it appears there is insufficient evidence to show the applicant was eligible for physical disability processing.  Therefore, there is no basis for a medical discharge.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____XX____  ____XX____  ____XX____  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.



      _______XXXX__________________
                 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.
ABCMR Record of Proceedings (cont)                                         AR20080010456



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010456



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2003 | 2003085559C070212

    Original file (2003085559C070212.rtf) Auto-classification: Denied

    APPLICANT STATES : In effect, that contrary to the Board’s original Memorandum of Consideration, he was not given any mental status evaluations in the year 2000, “let alone March 6 th 2000” as the Board noted. As noted in the Board’s previous action, the applicant’s commander initiated actions to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, paragraph 5-13 (personality disorder) on 28 March 2000. The Board notes that the December...

  • AF | PDBR | CY2010 | PD2010-01079

    Original file (PD2010-01079.docx) Auto-classification: Denied

    During treatment the CI was diagnosed with PTSD in addition to her Anxiety Disorder. The mental health symptoms from PTSD and Generalized Anxiety Disorder were not independently evaluated or separated regarding individual contribution to disability by any examiner. Therefore, all of the CI’s mental health symptoms and disability are considered under the CI’s unfitting PTSD rating.

  • ARMY | BCMR | CY2011 | 20110013872

    Original file (20110013872.txt) Auto-classification: Denied

    The applicant requests correction of his military records to show he was medically retired with a disability rating of at least 50 percent. Counsel states the applicant enlisted in the U.S. Army on 2 July 2007 and served honorably until he was administratively discharged for "other designated physical or mental conditions not amounting to a disability" in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17. It is a fact-finding board...

  • ARMY | BCMR | CY2004 | 04102974C070208

    Original file (04102974C070208.doc) Auto-classification: Denied

    Yolanda Maldonado | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant states that he was diagnosed with an adjustment disorder with depressed mood (Axis I) and with a personality disorder NOS (not otherwise specified) (Axis II). The reason for his separation is recorded as “personality disorder.” 11.

  • ARMY | BCMR | CY2011 | 20110020821

    Original file (20110020821.txt) Auto-classification: Denied

    The applicant states he was not given a medical evaluation board (MEB) at the time of his discharge. He was evaluated and medically cleared for discharge from the medical center on the same day. A commander may approve separation under this chapter on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph...

  • AF | PDBR | CY2010 | PD2010-00117

    Original file (PD2010-00117.doc) Auto-classification: Denied

    Mental Condition/Major Depressive Disorder/Anxiety Disorder. The Board noted the recommendation made by the AFBCMR medical consultant for the contributions of the pre-existing component of her condition, the presence of the paranoid personality disorder and the examiners implication that the CI failed to disclose her psychiatric issues prior to enlistment; however, there was no evidence whatsoever in the record that the CI ever received medical treatment for a psychiatric condition prior to...

  • AF | PDBR | CY2009 | PD2009-00430

    Original file (PD2009-00430.docx) Auto-classification: Denied

    The PEB determined he was unfit for continued military service and he was then separated with a 10% disability for Anxiety Disorder using the Veterans Affairs Schedule for Ratings Disabilities (VASRD) and applicable Coast Guard and Department of Defense regulations. The psychiatrist recommended the CI was not psychiatrically fit for sea duty in the USCG, based on a combination of moderately severe psychiatric disorders. Four conditions had been evaluated by two previous PEBs which both...

  • ARMY | BCMR | CY2009 | 20090018100

    Original file (20090018100.txt) Auto-classification: Denied

    On 31 January 2006, the applicant's commander initiated action to separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, due to being diagnosed with PTSD. Paragraph 5-17 states a commander may approve separations under this paragraph on the basis of other physical or mental conditions not amounting to disability (under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or...

  • AF | PDBR | CY2014 | PD-2014-01598

    Original file (PD-2014-01598.rtf) Auto-classification: Approved

    SEPARATION DATE: 20081107 The CI was also diagnosed with an adjustment disorder and a personality disorder that the PEB “found to be not compensable, although they may be administratively unfitting.” This case is eligible for review under the stipulations of the MH and Review Program as elaborated in the Scope above and, in accordance with VASRD 4.130 (mental disorders), only one disability rating may be provided for MH (except eating disorders) based upon total social and occupational...

  • AF | PDBR | CY2009 | PD2009-00635

    Original file (PD2009-00635.docx) Auto-classification: Denied

    The PEB reconvened on 20080104 and evaluated the CI as 10% disabled due to Fibromyalgia Syndrome (5025) and again considered the CI’s mental health condition. However, the VA included all of the CI’s mental health symptoms in its rating for fibromyalgia. The occupational and social impairment that resulted from the CI’s Depressive Disorder with Anxious Mood is sufficient to warrant a 30% rating separate from the fibromyalgia.