IN THE CASE OF:	

		BOARD DATE:	6 October 2009  

		DOCKET NUMBER:  AR20090008284 


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 correction of his records to show he was discharged due to a shoulder injury that occurred during basic combat training.

2.  The applicant states that he would like it noted that he is not mentally disabled.  He adds that doctors at Fort Leonard Wood, MO, tried to claim that his shoulder injury was prior to his service and that he was discharged through the Behavioral Medicine Division (BMD) instead.  He also adds that he was healthy when he entered military service but he is now permanently damaged without help.  He also states that he is currently working with the Department of Veterans Affairs to change his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged due to an injury to his left shoulder.

3.  The applicant provides a copy of his DD Form 214, dated 14 April 2009; a doctor's statement, dated 28 July 2009; and a copy of a medical report, dated 29 July 2009, in support of his request.

4.  On 10 August 2009, the applicant submitted a copy of a letter stating that he has several medical appointments and that as civilian doctors confirm their findings, he would send the documentation to this Board.


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 4 February 2009 and was assigned to Fort Leonard Wood, MO, for basic combat training.

2.  On 10 March 2009, the applicant was referred to BMD at the Army Community Hospital for a mental evaluation for depression.  A licensed clinical social worker remarked that the applicant presented instability, lack of motivation to continue in Army training and wanted to be discharged from the Army, and that he met the criteria for adjustment disorder with depressed mood.  The social worker also remarked that the applicant's state of emotional dysfunction was of such severity that his ability to perform military duties was impaired and that continued military service would have placed him at risk.  The social worker recommended his administrative separation.

3.  On 3 April 2009, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of paragraph 5-17 of Army Regulation 635-200 (Personnel Separations) by reason of other physical and/or mental medical conditions not compatible with military service.  The immediate commander remarked that BMD recommended his separation for an adjustment disorder with a depressed mood.

4.  On 3 April 2009, the applicant acknowledged receipt of the separation memorandum and was advised of the basis for the contemplated separation action and its effect, of the rights available to him and the effect of any action taken by him in waiving his rights, and the type of discharge and its effect on further enlistment or reenlistment.  The applicant understood that he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him and that he could be ineligible for many or all benefits as a veteran under Federal and State laws.  He waived consulting counsel and representation by counsel and elected not to submit a statement on his own behalf.

5.  On 3 April 2009, the applicant's immediate commander initiated separation action against the applicant in accordance with paragraph 5-17 of Army Regulation 635-200 for other designated physical and/or mental conditions with an uncharacterized character of service.

6.  On 3 April 2009, the applicant's intermediate commander recommended approval of the applicant's discharge and that his service be characterized as entry level (uncharacterized).

7.  On 7 April 2009, the separation authority approved the separation action in accordance with paragraph 5-17 of Army Regulation 635-200 and directed he receive an entry-level separation (uncharacterized) character of service.  On 14 April 2009, the applicant was accordingly discharged.  The DD Form 214 he was issued shows he was discharged for a condition-not a disability with an uncharacterized character of service.  This form further confirms he completed 2 months and 11 days of creditable active military service.

8.  There is no indication in the applicant's records that he suffered a shoulder injury during basic combat training, that he was treated for such injury, or that he was issued a permanent physical profile limiting his activities as a result of the alleged injury.

9.  Army Regulation 635-200, chapter 5, paragraph 5-17 states in pertinent part that commanders who are special court-martial-convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated for physical or mental conditions not amounting to disability, which includes those members suffering from a disorder manifesting disturbances of perception, thinking, or emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  Members separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show he was medically discharged due to an injury to his left shoulder.

2.  The evidence of record shows the applicant was referred to BMD due to his depression.  He was diagnosed with a non-disabling condition of adjustment disorder with depressed mood.  The diagnosis also showed that his state of emotional dysfunction was of such severity that his ability to perform military duties was impaired.  Accordingly, his chain of command initiated separation action against him.

3.  The applicant was separated under the provisions of chapter 5-17 of Army Regulation 635-200 due to a medical condition-not a disability.  Absent this condition, there was no fundamental reason to process the applicant for discharge.  Therefore, the only valid narrative reason for separation permitted under this paragraph is "condition-not a disability."  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  In order to justify correction of a military record, the applicant must show 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.  Therefore, he is not entitled to relief.

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)                                         AR20090008284



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ABCMR Record of Proceedings (cont)                                         AR20090008284



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