IN THE CASE OF:	

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20090009197 


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 his discharge be changed to a medical retirement.

2.  The applicant states that he was separated from the Army in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).  He also states that he received a permanent profile and the physician recommended that he receive a medical board, but he was not afforded that chance.  He further states that his condition is related to the time he served in combat and he believes that he should have had his record reviewed by a medical board.  

3.  The applicant provides the following documents in support of this application:

		a.  DD Form 214 (Certificate of Release or Discharge from Active Duty);

b. DA Form 3349 (Physical Profile); and 

c. Discharge Note from the 10th Combat Support Hospital, dated 28 June 2006. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 214 shows that he enlisted in the Regular Army on
29 October 1996.  

2.  The applicant submitted a copy of a discharge note completed at the 10th Combat Support Hospital, Ibn Sin Hospital, Baghdad, Iraq on 28 June 2006, which shows that on 26 June 2006 he was admitted to the hospital upon referral for intermittent suicidal ideations, progressive depressed mood over the previous 2 months, and increased stress secondary due to IED (Improvised Explosive Device).  He was diagnosed with Axis I:  Bipolar II Disorder, depressed episode, mild; .Axis II:  deferred; Axis III: migraine headaches; Axis IV:  deployment, marital; and Axis V:  60.  The applicant was discharged on 28 June 2006 and sent to Landstuhl Regional Medical Center in Germany.  

3.  On 31 July and 22 August 2006, the applicant underwent a psychiatric evaluation that was conducted by Dr. T----r, at the Darnall Army Community Hospital (DACH), Fort Hood Restoration and Resilience Center, Fort Hood, TX.  The examining psychiatrist diagnosed the applicant with Bipolar Disorder Type II: Adjustment Disorder with anxiety, related to combat stress and severe occupational stressors: chronic-severe, manifested by difficulty with authority, depression, and “poor object relations."  The psychiatric evaluation also states that his diagnoses of bipolar disorder II and adjustment disorder do not require consideration for disability rating by the PEB, as they have not resulted in extensive hospitalizations or limitations in duty.  The psychiatric evaluation continues to state that the applicant is not psychotic, suicidal, or homicidal.  His diagnoses meet retention standards, and frequently improve with pharmacologic therapy and counseling.  His diagnoses do not amount to a disability or meet the criteria for medical separation for a mental condition or personality disorder.  The evaluation concluded by stating that his symptoms will likely interfere significantly with his ability to effectively perform the duties required of him as a Soldier and render him a liability in a deployment situation, as they would keep him from reacting safely and appropriately.  The psychiatrist recommended that the command consider a separation in accordance with Army Regulation 635-200, chapter 5-17.  He was cleared psychologically for administrative action deemed appropriate by the command.  

4.  The applicant submitted a copy of a DA Form 3349, dated 22 September 2006 which show in item 3 (PUHLES) that his permanent profile serial codes shows "S3" in psychiatric section of his PUHLES.  Item 4c (If a permanent profile with a 3 or 4 PUHLES, does the Soldier meet retention standards in accordance with Chapter 3, Army Regulation 40-501 (Standards of Medical Fitness) the "needs MEB/PEB (medical evaluation board/physical evaluation board)" was circled and item 10 (Other) states that the Servicemember's chapter separation should be stopped, he needs a medical board for this condition, and that the Dr. T----r, the psychiatrist will complete the MEB.  Item 12 (Typed Name and Grade of Profiling Officer) shows Dr. F-----n.  Item 15 (action by approving officer) does not show that the applicant's permanent was approved or disapproved.  Item 17 (Signature) is void the signature of the senior profiling officer or the approving authority.

5.  On 7 September 2006, the applicant’s unit commander advised the applicant that he was recommending him for discharge under the provisions of Army Regulation 635-200 - other designated physical or mental conditions.

6.  On 11 September 2006, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, its effects, and of the rights available to him.  The applicant indicated that he would not be submitting a statement in his behalf.

7.  On the same date, the unit commander recommended that the applicant be separated under the provisions of Army Regulation 635-200 for other designated physical or mental conditions.  The commander stated that his decision was based on his diagnoses of Bipolar Disorder Type II and Adjustment Disorder with anxiety, related to combat stress.  

8.  On 15 September 2006, the separation authority approved the applicant’s discharge for other designated physical and mental conditions and directed that the applicant receive an honorable discharge.  

9.  On 28 September 2006, the applicant was discharged accordingly.  The DD Form 214 issued to the applicant confirms he was separated with an honorable discharge.  At the time of discharge, he held the rank of sergeant/E-5 and had completed a total of 9 years and 11 months of creditable active military service.  This document further shows the authority for separation was Army Regulation 635-200 and the reason for separation was a condition, not a disability.  

10.  Army Regulation 635-40 establishes the Army physical disability evaluation system and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating.  It provides for medical evaluation boards, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in Army Regulation 40-501.  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.

11.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the soldier’s ability to function in the military environment is significantly impaired.  Army policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of paragraph 5-17.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was evacuated from a combat zone in 2006 for suicide ideation.  The evidence of record also shows that after an evaluation at Ft. Hood, it was determined that he had both a mood disorder and an adjustment disorder neither of which constituted a disability and he was subsequently administratively separated.

2.  The evidence of record shows that on 22 August 2006, Dr. T----r, the psychiatrist who evaluated the applicant, stated that his Bipolar Disorder II and Adjustment Disorder did not require him to appear before a PEB since he had no frequent hospitalizations or limitations of duty.  The evidence of record also shows that his diagnoses met medical retention standards, did not amount to a disability, and did not meet the criteria for a medical separation for a mental condition or personality disorder and that his symptoms frequently improved with pharmacologic therapy and asserted that he was not psychotic or suicidal.

3.  The evidence of record show that on 22 September 2006, the applicant was seen by Dr. F----n who recommended he receive an S3 permanent profile and an MEB from Dr. T----r, the psychiatrist, for mood conditions and post traumatic stress.  The evidence of record does not show if Dr T----r initiated an MEB or that the applicant's chapter separation was stopped.  Therefore, since there is no evidence of record and the applicant provided none that shows Dr. F-----n recommended the chapter action be stopped or that an MEB was conducted, the applicant was cleared for separation in accordance with Army Regulation 635-200, paragraph 15-7.  

4.  This Board operates under the standard of presumption of regularity in governmental affairs.  This standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.

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

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)                                         AR20090009197



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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