IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090014107 


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 the following corrections be made to her DD Form 214 (Certificate of Release or Discharge from Active Duty):

	a.  item 1 (Name (Last, First, Middle)) – change last name from Lewis to H____-Lewis,

	b.  item 14 (Military Education) – add Human Resources Specialist Course for the period 14 May 2007 to 13 July 2007,

	c.  item 18 (Remarks) – add reason for not completing term of service,

	d.  item 23 (Type of Separation) – change discharge to medical discharge, and

	e.  item 28 (Narrative Reason for Separation) – change narrative reason from condition, not a disability, to medical disability.

2.  The applicant states she suffered unjust mental distress caused by her unit chain of command in retaliation because she did not respond favorably toward sexual advances.  She contends she was falsely written up after she declined sexual advances, not sexual harassment.  She contends she was bullied and harassed which caused severe anxiety, major depression, and a need for psychiatric medications.  In addition, she contends she was released from the Army based on medical reasons that were a direct result of the mistreatment from her chain of command.  The command said she was separated as a result of a traumatic brain injury (TBI) from childhood, but she screened negative for TBI.  As a result, the Army did not have to pay her disability.  She contends she was not given a chance to see a civilian doctor.

3.  The applicant provides a DD Form 214; a self-authored statement, dated 24 June 2009; a diploma from the U.S. Army Soldier Support Institute, Fort Jackson, SC, dated 13 July 2007; a marriage license and marriage certificate, dated 17 November 2008; and numerous medical documents in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the California Army National Guard (CAARNG) from 15 February 2007 to 23 June 2008.

2.  She provided a diploma from the U.S. Army Soldier Support Institute, Fort Jackson, SC, which shows she completed the Human Resources Specialist Course on 13 July 2007.  This course is recorded on her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

3.  She enlisted in the Regular Army on 24 June 2008 for a period of 3 years and 13 weeks.  Item 1 (Name (Last, First, Middle)) of her enlistment contract shows her last name as H___.

4.  The applicant married J___ A___ L___, Jr., on 17 November 2008.  There are no documents which indicate her last name was changed to H___-L___.

5.  The applicant was admitted to the Bradley Center Hospital Inpatient Unit in Columbus, GA (a civilian healthcare provider) on 4 March 2009.  She was diagnosed as having severe major depression with psychotic features and anxiety disorder (not otherwise specified) and iron deficiency anemia from menorrhagia, hypothyroidsm, and hypertension.  She was discharged from the hospital on 10 March 2009 and transferred to the Eisenhower Hospital for further inpatient psychiatric treatment.

6.  On 17 March 2009, the applicant was given a psychiatric evaluation and she was diagnosed as having an adjustment disorder.  The psychiatrist noted the following findings:

	a.  "The diagnosis of adjustment disorder is a condition which does not amount to disability.  It is a disorder of emotional and behavioral control sufficiently severe that the Soldier's ability to perform military duties may be significantly impaired.
	b.  This service member was and is mentally sound and able to appreciate any wrongfulness of her conduct and to conform her conduct to the requirements of the law.  She has the mental capacity to understand and participate in any administrative proceedings.

	c.  Continuation on active duty will likely result in a repetition of problems as noted prior to admission.

	d.  The condition and problems presented by this service member are not, in my opinion, amendable to further hospitalization, treatment, disciplinary action, training or reclassification.  It is unlikely that efforts to rehabilitate this individual will be successful."

7.  On 24 March 2009, the applicant underwent a medical examination and she was found qualified for service.  She was given a physical profile of 111111.

8.  In March 2009, the applicant completed a DD Form 2807-1 (Report of Medical History) in which she marked the entry "Yes" indicating that she was currently in good health.  In item 30 (Examiner's Summary and Elaboration of all Pertinent Data) of this medical report the examining physician commented that the pins that were placed in the applicant's jaw were very sensitive to hot and cold.  The examining physician also commented that the applicant had testing done to her thyroid and was concerned about the results.

9.  On 1 April 2009, the applicant underwent a mental status evaluation and was psychiatrically cleared for any administrative action deemed appropriate by command.

10.  On 17 April 2009, the applicant acknowledged receipt of the pending separation action under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-17, and of the rights available to her.  She elected the option indicating that she was not a victim of sexual assault for which an unrestricted report was filed within the past 24 months.  She also elected the option indicating she did not believe that this separation action was a direct or indirect result of the sexual assault itself or of the filing of the unrestricted report.

11.  The applicant was admitted to the Bradley Center Hospital Inpatient Unit on 11 May 2009 and was discharged on 20 May 2009.  Her discharge summary indicated she had also been admitted to this hospital from 1 April 2009 through 14 April 2009.  Her diagnoses were the same as indicated in March 2009.

12.  All of the medical documents provided by the applicant indicate her last name as L___.

13.  The applicant was discharged on 2 June 2009 under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of condition, not a disability.  She had completed 11 months and 9 days of active military service during the period under review.

14.  Item 26 (Separation Code) of her DD Form 214 shows her separation code as "JFV" (condition, not a disability).

15.  The applicant's DD Form 214 shows the following entries:

	a.  item 1 – last name is shown as L___,

	b.  item 14 – does not reflect the Human Resources Specialist Course,

	c.  item 18 – shows the entry "MEMBER HAS NOT COMPLETED FIRST FULL TERM OF SERVICE//NOTHING FOLLOWS,"

	d.  item 23 – type of separation is shown as "discharge," and

	e.  item 28 – narrative reason for separation is shown as "condition, not a disability."

16.  The applicant provided a self-authored statement, dated 24 June 2009.  She reiterated the issues she wanted corrected on her DD Form 214.  She stated she was discharged from active duty because of medical reasons, but she was administratively discharged without any benefits or a medical discharge.  Her company commander informed her attending physician that the command refused to move her to another unit.  However, she stated that Headquarters and Headquarters Company, 3rd Brigade Special Troops Battalion, was going to discharge her even after she requested to be moved to another unit.  She also stated she was about to write to her Congressman regarding the mistreatment she received in her unit and harassment from her chain of command.

17.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

18.  Army Regulation 635-5 states, in pertinent part, that item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.  

19.  Army Regulation 635-5, paragraph 2-4 (Completing the DD Form 214), provides detailed instructions and source document(s) for completing each block of the DD Form 214.  The regulation states the entry "SOLDIER (HAS) (HAS NOT) COMPLETED FIRST FULL TERM OF SERVICE" is a mandatory entry which assists the State in determining eligibility for unemployment compensation entitlement.  In pertinent part, it states a Soldier should not be considered to have completed the first full term of active service if separation occurs before the end of the initial contracted period of service.

20.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The unfitness must be of such a degree that a Soldier is unable to perform the duties of his or her office, grade, rank, or rating in such a way as to reasonably fulfill the purposes of his or her employment on active duty.

21.  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 designated physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to chronic airsickness, chronic seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, or other disorders manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

22.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribed 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, in effect at the time, showed the SPD code "JFV" as shown on the applicant's DD Form 214 specified the narrative reason for separation as involuntary release or transfer for "physical condition, not a disability" and that the authority for separation under this separation program designator was "Army Regulation 635-200, paragraph 5-17."

23.  Army Regulation 635-5 states, in pertinent part, that item 28 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that her last name be changed from L___ to 
H___-L___ is acknowledged.

2.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

3.  The applicant's marriage certificate shows she married J___ A___ L___, Jr., on 17 November 2008.  It appears she changed her name from H___ to L___.  She served on active duty and was discharged using the last name L___.  There is no evidence which confirms she changed her last name to indicate H___-L___.  While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records.  This Board action will be filed in her military records so a record of the name she is currently using will be on hand.

4.  The evidence of record shows the applicant completed the Human Resources Specialist Course in July 2007 while she was a member of the CAARNG and this course is properly recorded on her NGB Form 22.  Since the applicant did not complete this course during the period of service covered by her DD Form 214 for the period ending 2 June 2009, the Human Resources Specialist Course is not authorized to be entered in item 14 of her DD Form 214.

5.  The applicant enlisted on 24 June 2008 for a period of a 3 years and 13 weeks and she was discharged on 2 June 2009.  Therefore, she did not complete her initial contracted period of service and the correct entry was recorded in item 18 of her DD Form 214.  The regulation does not provide for adding a reason to item 18 to explain this entry.

6.  The applicant's contention that she suffered unjust mental distress caused by her unit chain of command in retaliation for not responding favorably towards sexual advances is acknowledged.  However, there is insufficient evidence to support her claim regarding sexual advances from her chain of command.

7.  The applicant also contends that she was falsely written up after she declined sexual advances, not sexual harassment, and that she was bullied and harassed which caused severe anxiety, major depression, and a need for psychiatric medications.  There is insufficient evidence to support her claims.

8.  The applicant contends that she was released from the Army based on medical reasons that were a direct result of mistreatment from her chain of command.  However, there is no evidence which indicates her military career was ended due to medical unfitness.  Her psychiatric evaluation shows she was diagnosed with an adjustment disorder.  In addition, medical documents show she was diagnosed as having severe major depression with psychotic features and anxiety disorder, iron deficiency anemia, and hypertension.

9.  There is no evidence that the applicant's medical condition and mental status required processing through medical channels.  The evidence of record shows that prior to the applicant's separation in June 2009, competent medical authority determined that she was then medically qualified for separation with a physical profile of 111111.  There is no evidence which indicates her military career was ended due to medical unfitness.

10.  The applicant also contends she was not given a chance to see a civilian doctor.  She was treated at the Bradley Center Hospital, which is a civilian institution.  Again, there is insufficient evidence to support her claim.  

11.  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.

12.  The applicant has not presented sufficient evidence to show that her discharge was in error or unjust.  Therefore, there is no basis to change her honorable discharge to a medical discharge.

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)                                         AR20090014107



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ABCMR Record of Proceedings (cont)                                         AR20090014107



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