IN THE CASE OF:	  

		BOARD DATE:	  28 July 2009

		DOCKET NUMBER:  AR20090000221 


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 item 28 (Narrative Reason for Separation) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from "Condition, Not a Disability" to "Disability, Medical Condition."  If "Disability, Medical Condition" is not the correct narrative reason, that it should be changed to imply her discharge was as a result of an injury incurred while on active duty status.

2.  The applicant states, in effect, the narrative reason is unjust because she was discharged due to an injury incurred while attending advanced individual training.  She argues that the injury caused her discharge due to her inability to meet the Army physical fitness standards and as a result, she was unable to continue her service in the Army Reserve.

3.  The applicant provides a DD Form 214 and her service medical records in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 1 September 2006 and entered initial active duty for training on 31 May 2007.  

2.  The applicant was diagnosed with chronic low back pain on 1 February 2008. The attending physician stated that the applicant had no objective findings to support her low back pain and recommended her separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5-17, due to her inability to perform the activities required to be a Soldier.

3.  The applicant's service medical records are not available.

4.  The unit commander notified the applicant of her pending separation under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, for other designated physical or mental conditions.  The unit commander cited that the applicant had been diagnosed with chronic low back pain which made her incompatible for military service.  

5.  The applicant acknowledged notification of her pending separation on 
27 March 2008.  She accepted the opportunity to consult with counsel but elected not to submit a statement on her behalf.

6.  The Office of The Staff Judge Advocate reviewed the administrative separation package pertaining to the applicant and found it legally sufficient.

7.  The separation authority approved the recommendation for separation and directed the applicant be furnished an honorable discharge.  Accordingly, the applicant was discharged on 26 June 2008, under the provisions of Army Regulation 635-200, paragraph 5-17 for a condition, not a disability.  She served 1 year and 26 days of total active service.

8.  Item 25 (Separation Authority) on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 5-17."  Item 26 (Separation Code) on her DD Form 214 shows the entry, "JFV."  Item 28 on her DD Form 214 shows the entry, "CONDITION, NOT A DISABILITY."

9.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Chapter 5-17 provides for separation due to other designated physical or mental conditions.  It 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.  When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the soldier for a medical examination and/or mental status evaluation.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

10.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes the specific authorities, 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 "JFV" is "Condition, Not a Disability" and the regulatory authority is Army Regulation 635-200, paragraph 5-17.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have the narrative reason for separation shown on her DD Form 214 changed has been carefully reviewed. 

2.  The applicant was discharged under the provisions of Army Regulation 
635-200, paragraph 5-17, for other designated physical or mental condition and was given a separation code of "JFV."  The governing regulation states that the reason for discharge based on separation "JFV" is "Condition, Not a Disability."  

3.  Although she was diagnosed with chronic low back pain, the attending physician did not establish that she was injured during training or that her condition required her to be processed for separation through medical channels.  The applicant's service medical records are not available and there is no other evidence of record, and the applicant provided no evidence, to show that she injured her back while on active duty.  Therefore, the narrative reason for separation currently reflected on her DD Form 214 appears to be correct.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ____X___  ___X____  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.



      _______ _   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.



ABCMR Record of Proceedings (cont)                                         AR20090000221





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ABCMR Record of Proceedings (cont)                                         AR20090000221



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