IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013312 


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 narrative reason for separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 9 (Alcohol Rehabilitation Failure) be changed.

2.  The applicant states that she is not a failure and that she has been sober for over 2 years.  She states she was granted service connection for post-traumatic stress disorder (PTSD) and bipolar disorder.  The applicant alleges that these disorders caused her to drink and she did not drink when she was on the correct medication.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty); Standard Form 600 (Chronological Record of Medical Care); and a letter, dated 25 September 2007, from the Department of Veterans Affairs (VA), VA Regional Office, Waco, TX, in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 24 August 2006 for a period of 4 years.  Her highest grade attained was private, E-2.

2.  On 21 February 2007, the unit commander, in consultation with the Alcohol and Army Substance Abuse Program (ASAP) Clinical Director, declared the applicant a rehabilitation failure.

3.  The applicant underwent a physical examination on 1 March 2007.  The examining physician indicated her diagnoses of PTSD and bipolar disorder in item 77 (Summary of Defects and Diagnoses) of her DD Form 2808 (Report of Medical Examination).  She was given a physical profile of "111111" and found qualified for separation action.

4.  The applicant was discharged on 17 April 2007 under the provisions of Army Regulation 635-200, chapter 9, based on alcohol rehabilitation failure.  She had completed 7 months and 24 days of active military service at the time of her discharge.

5.  Item 26 (Separation Code) of her DD Form 214 shows a Separation Program Designator (SPD) code of "JPD."

6.  Item 28 (Narrative Reason for Separation) on her DD Form 214 shows the narrative reason as "alcohol rehabilitation failure."

7.  The applicant provided a copy of her Standard Form 600 which listed a plan for the applicant's bipolar II disorder versus personality disorder [not otherwise specified] and alcohol dependence.

8.  The applicant also provided a letter, dated 25 September 2007, from the VA which indicated the applicant's service-connected condition of PTSD was increased from a 30-percent to a 50-percent disability rating effective 7 October 2008.

9.  On 30 May 2008, the Army Discharge Review Board denied the applicant's request for a change of her reason for discharge.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.   Chapter 9 contains the authority and outlines the procedures for discharging individuals because of alcohol or other drug abuse.  A member who has been referred to ASAP for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical.

11.  Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons.  The regulation shows that the SPD code "JPD" as shown on the applicant's DD Form 214 specifies the narrative reason for discharge as "alcohol rehabilitation failure" and that the authority for discharge under this separation program designator is Army Regulation 635-200, chapter 9.

12.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 28 (Narrative Reason for Separation) will list the narrative reason for separation based on regulatory or other authority and can be checked against the cross-reference table in Army Regulation 635-5-1.

13.  Title 38, U.S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she is not a failure and she has been sober for over 2 years is noted.  The applicant's accomplishment is commendable; however, her DD Form 214 shows she was discharged from active duty with a separation code of "JPD" for alcohol rehabilitation failure in accordance with the governing regulation.

2.  The applicant states that her PTSD and bipolar disorders caused her to drink, but she did not drink when she was on the correct medication.  However, there is insufficient evidence to support her claims.  While the applicant's separation physical examination found PTSD and bipolar disorders, there is no indication of excused drinking.  The examining physician found her medically qualified for separation with a physical profile of "111111."

3.  The applicant's administrative discharge proceedings under the provisions of Army Regulation 635-200, chapter 9, were conducted in accordance with law and regulations applicable at the time.

4.  In accordance with the preparation instructions for item 28 of the DD Form 214, the narrative reason for separation is taken from Army Regulation 635-5-1.  Therefore, the correct narrative reason for separation as provided in Army Regulation 635-5-1 was properly entered on her DD Form 214.

5.  The 25 September 2007 letter from VA which indicated the applicant was granted service connection for PTSD is acknowledged.  However, the rating action by the VA does not necessarily demonstrate an error or injustice on the part of the Army.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.

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)                                         AR20090013312





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ABCMR Record of Proceedings (cont)                                         AR20090013312



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