IN THE CASE OF:	

		BOARD DATE:	16 June 2009    

		DOCKET NUMBER:  AR20090000307 


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, in effect, that the entry in Item 12a (Date Entered Active Duty This Period) of his 20 March 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his entry date as 27 August 2005.   

2.  The applicant states, in effect, he entered the Army on 27 August 2005, and he wants the DD Form 214 in question corrected because “they knew of my disability and it only shows that I was in the military for 3 months only.” 

3.  The applicant provides the following documents in support of his application:  DD Forms 214, dated 30 July 2001 and 20 March 2007; United States Air Force (USAF) Air Education and Training Command Memorandum, dated 25 July 2001; USAF Student Record; South Texas Veterans Health Care System Letter, dated 25 November 2008; Army Continuing Education System (ACES) Letter, dated 7 March 2007; ACES Record; DA Form 4187 (Personnel Action), dated 
29 August 2005; and Headquarters, United States Armor Center and Fort Knox, Fort Knox, Kentucky, Orders 227-0537, dated 15 August 2005.  


CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served in the USAF for 5 months and 
25 days from 6 February through 30 July 2001, at which time he received an entry level separation with uncharacterized service by reason of personality disorder.

2.  The applicant's record contains a DD Form 4 (Enlistment/Reenlistment Document) that shows he enlisted in the Regular Army (RA) for 3 years and 
14 weeks on 22 July 2005, for training in military occupational specialty (MOS) 92Y (Unit Supply Specialist).  

3.  The applicant’s DD Form 2808 (Report of Medical Examination), dated 
11 June 2005, that was completed during his RA enlistment processing shows he was assigned a 3 in the P (Psychiatric) portion of the PULHES and he was determined not to be qualified for enlistment based on hypertension (unspecified).  Further examinations completed on the applicant resulted in a recommendation for a medical waiver to allow his enlistment.  This form also shows that on 24 June 2005, a medical waiver was granted to allow the applicant's enlistment in the RA.  

4.  A DD Form 1966/1 (Record of Military Processing) on file, which was completed on the applicant during his RA enlistment processing confirms that a medical waiver had been approved on 24 June 2005 to allow the applicant's enlistment.  This document also confirms the applicant entered active duty on this enlistment period, in the rank of private (PV2)/E-2, on 22 July 2005.  

5.  The applicant's record shows he successfully completed training and was awarded MOS 92Y in August 2005.

6.  On 19 January 2007, the applicant underwent a mental status evaluation which resulted in a diagnosis of a cognitive disorder that was defined as a disturbance of thinking (ability to learn and remember) that was sufficiently severe that the applicant's ability to effectively perform his military duties was significantly impaired.  It further indicated that this condition met retention standards and as a result, the applicant's separation processing through medical channels was not warranted.  The examining neuropsychologist recommended that the applicant’s command consider him for an administrative separation under the provisions of Paragraph 5-17, Army Regulation 635-200.  


7.  On 25 January 2007, while serving in Hawaii, the applicant's unit commander notified him that he was initiating action to separate him under the provisions of Paragraph 5-17, Army Regulation 635-200, by reason of other medical or mental conditions.  The unit commander stated that he was taking this action based on the applicant's cognitive disorder, which had been diagnosed on 19 January 2007.  The unit commander indicated he was recommending the applicant receive an honorable discharge.  

8.  The applicant was afforded the opportunity to consult with legal counsel and declined on 25 January 2007.  After declining to consult with legal counsel, he also elected not to submit statements in his own behalf. 

9.  On 1 March 2007, the separation authority approved the applicant's discharge under the provisions of Chapter 5, Army Regulation 635-200, by reason of other physical or mental conditions, and directed the applicant receive an honorable discharge.  On 20 March 2007, the applicant was discharged accordingly.  

10.  The DD Form 214 issued to the applicant on the date of his discharge, 
20 March 2007, contains an entry in Item 12a that indicates the applicant entered active duty on this enlistment covered by the DD Form 214 on 27 January 2007,  Item 12b (Separation Date This Period) contains an entry indicating the applicant was separated on 20 March 2007, and Item 12c (Net Active Service Completed This Period) contains an entry indicating the applicant completed 1 year, 
7 months, and 29 days of active duty service during this enlistment.  

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) contains the Army's enlisted administrative separation policy.  Chapter 5 contains the policy for separation for the convenience of the Government.  Paragraph 5-17 provides for the separation of members on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparation of the DD Form 214 and contains item-by-item instructions.  The instructions for Item 12a are to enter the beginning date of the continuous period of active duty for issuance of a DD Form 214 for which a DD Form 214 was not previously issued.  The instructions for Item 12b state, in pertinent part, to enter the Soldier's transition (separation) date, and Item 12c state to enter the amount of service this period, computed by subtracting Item 12a from Item 12b.  

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant did not request a change to the reason for his discharge, his comment that the Army knew about his condition when he enlisted was considered and therefore evaluated to ensure it was proper and equitable.  It is clear the reason for the applicant's separation from the USAF was known at the time of his enlistment into the RA and he was appropriately evaluated by medical authorities and granted a medical waiver.

2.  Further, the diagnosed condition that led to the applicant's separation was not medically disqualifying for further service.  However, a determination was made that his diagnosed cognitive disorder, while not disqualifying for further service, could interfere with his performance of duty.  As a result, he was appropriately processed for separation due to other medical or mental condition not amounting to disability in accordance with the applicable regulation.  All requirements of law and regulation were met and the applicant's rights were fully protected throughout the separation process.  

3.  The applicant's contention that the date he entered active duty in the RA entered in Item 12a of his DD Form 214 is in error was carefully considered and found to have merit.  By regulation, the date entered in Item 12a of the DD Form 214 will be the date the member entered active duty on the current enlistment, and the period entered in Item 12c will be arrived at by subtracting Item 12a from Item 12b. 

4.  In this case, the evidence of record confirms the applicant enlisted in the RA and entered active duty on the enlistment covered by his 20 March 2007 
DD Form 214 on 22 July 2005, as evidenced by the DD Form 4 and DD Form 1966/1 on file in his record.  

5.  Further, the 1 year, 7 month, and 29 day period shown as net service completed this period entered in Item 12c of the applicant's 20 March 2007 
DD Form 214 confirms his entry date was 22 July 2005.  As a result, it is clear the date entered in Item 12a of the applicant's 20 March 2007 DD Form 214 was the result of an administrative error in the preparation of the DD Form 214 and, therefore, it should be corrected at this time.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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 amending his 20 March 2007 DD Form 214 by deleting the current entry in Item 12a and replacing it with the entry "2005  07  22"; and by providing him a correction to his DD Form 214 that includes this change. 

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 that pertains to amending Item 12a of his   20 March 2007 DD Form 214 to show he entered active duty on 27 August 2005.




      _______ _   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)                                         AR20090000307



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000307


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1