IN THE CASE OF:	

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090011225 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document her 30-percent disability rating.

2.  The applicant states, in effect, that the Department of Veterans Affairs (VA) granted her a 30-percent service-connected disability rating and her DD Form 214 should reflect this information.  She also states that she is now eligible for all benefits.

3.  The applicant provides a VA Rating Decision, dated 21 May 2009, in support of her request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the Regular Army and entered active duty 21 April 2006.  She was trained in, awarded, and served in military occupational specialty 56M (Chaplain Assistant) and the highest rank she attained while serving on active duty was private first class.

2.  A Medical Command Form 4038 (Report of Behavioral Health Evaluation), dated 1 October 2008, shows the applicant underwent a mental status evaluation which found her behavior and thought content were normal, she was fully alert and oriented, she had an unremarkable mood, her thinking process was clear, and her memory was good.

3.  The examining psychiatrist also determined the applicant was mentally responsible, met retention requirements, and had the mental capacity to understand and participate in separation proceedings.  He diagnosed her with a borderline personality disorder and indicated that she was a command liability and had the potential to harm herself and others.  He recommended she be administratively separated under the provisions of paragraph 5-13, Army Regulation 635-200 (Personnel Separations).

4.  On 24 November 2008, the applicant was notified by her unit commander that action was being taken to separate her from the Army under the provisions of paragraph 5-13, Army Regulation 635-200, due to her diagnosed borderline personality disorder.

5.  On 24 November 2008, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects, the rights available to her, and of the effect of a waiver of those rights.  Subsequent to this counseling she elected representation by counsel and elected not to submit a statement in her own behalf.

6.  On 9 December 2008, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, and directed the applicant receive an honorable discharge.  On 24 December 2008, the applicant was discharged accordingly.

7.  The DD Form 214 issued to the applicant on the date of her separation shows she was separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder.  It also shows that at the time, she had completed a total of 2 years, 8 months, and 4 days of creditable active military service.

8.  The applicant provides a VA rating decision, dated 21 May 2009.  It shows that she was granted a 30-percent service-connected disability rating for depressive disorder with mild memory loss effective 25 December 2008.

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability, which interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.

10.  Title 38, U.S. Code, sections 310 and 331, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  However, an award of a higher VA rating does not establish error or injustice in the Army rating.  An Army disability rating is intended to compensate an individual for interruption of a military career after it has been determined that the individual suffers from an impairment that disqualifies him or her from further military service.  The VA, which has neither the authority nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's employability.  Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  The Army rates only conditions determined to be physically unfitting, thus compensating the individual for loss of a career; while the VA may rate any service-connected impairment in order to compensate the individual for loss of civilian employability.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to show she was granted a 30-percent service-connected disability rating by the VA was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, members may be separated under the provisions of paragraph 5-13, Army Regulation 635-200, if they suffer from a personality disorder, not amounting to a disability, which interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.

3.  The evidence of record confirms the applicant was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, her separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  The evidence submitted by the applicant confirms the VA assigned her a disability rating for a service-connected medical condition and they are providing her medical care and benefits based on this medical determination.

5.  However, a VA decision to provide the applicant a disability rating does not mean this condition was medically unfitting for retention or separation at the time of her separation or that this condition supported her processing through medical channels at that time of her discharge.  Further, there are no regulatory provisions that allow for adding a VA disability rating granted after discharge to the DD Form 214.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.

6.  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.

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)                                         AR20090011225



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ABCMR Record of Proceedings (cont)                                         AR20090011225



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