IN THE CASE OF:	  

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090014486 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "Condition-Not a Disability" to "Disability."  He also requests his records be considered by a Medical Evaluation Board (MEBD) for possible placement on the disability retired list.

2.  The applicant states that he was given an administrative discharge in 2007 for post traumatic stress disorder (PTSD).  He now understands that this is a medical condition and should have been treated as such by the Army.  He should have been evaluated by an MEBD rather than being administratively discharged. He feels that he was treated unfairly and he was not afforded the opportunity of going before an MEBD because he was 6 months from his separation date.

3.  The applicant provides a copy of his DA Form 3349 (Physical Profile), dated 26 September 2007; and a copy of a U.S. Army Medical Department Activity, Fort Polk, LA, memorandum, subject:  Mental Health Evaluation in the Case of (applicant's name and social security number), dated 3 August 2007, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Regular Army (RA) for a period of 4 years and 19 weeks on 19 April 2004.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 92Y (Supply Specialist).  The highest rank/grade he attained during his military service was specialist (SPC)/E-4.

2.  The applicant's records also show he served in Afghanistan from 8 March 2006 to 28 November 2006.  He was assigned to B Battery, 5th Battalion,
25th Field Artillery, Fort Polk.

3.  On 26 June 2007, the applicant underwent a mental health evaluation at the U.S. Army Medical Department Activity, Fort Polk, LA.  He was referred by his immediate commander for a non-emergency evaluation related to deterioration in his job performance related to high anxiety and concerns about potential non-deployability for an upcoming deployment.  The evaluation revealed that he endorsed signs and symptoms of PTSD (childhood onset) and social phobia.  He endorsed signs of intense level of discomfort and anxiety in the presence of others, particularly large number of people such as formation, decreased interest, guilt, insomnia, low energy with fatigue, poor concentration, decreased appetite, being easily startled, hyper vigilance, nightmares, and isolation.  His diagnoses were as follows:

	a.  Axis I: PTSD (Childhood Onset) exacerbated by combat stress and trauma.

	b.  Axis I: Social anxiety disorder with social phobia.

	c.  Axis II: Defer plus Cluster B traits (Adult Child Alcoholic Issues).

	d.  Axis III: None.

4.  The Chief of the Department of Behavioral Health indicated that the above noted diagnoses met the criteria for separation from the Army as the applicant was deemed unsuitable for continued military service on the basis of the above diagnoses and that he was aware that the diagnoses met the criteria for an administrative separation under the provisions of Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), paragraph 5-17. By reason of other designated physical or mental conditions.  The Chief further recommended the applicant be returned to his command and expeditiously separated for mental disorder manifested by a long-standing anxiety disorder, behavior and adaptability that were of such severity that they precluded adequate military service.  The above actions were discussed with the applicant and he indicated that he fully understood them.

5.  On 30 July 2007, the applicant underwent a physical examination that resulted in a diagnosis of chronic PTSD by history.
6.  On 26 September 2007, the applicant was issued a temporary physical profile for the chronic PTSD/Social anxiety.  The attending physician indicated that the applicant was non-deployable and that the goal of this temporary profile was restoration and rehabilitation for future health and until completion of his administrative separation under Army Regulation 635-200, paragraph 5-17.

7.  On 10 October 2007, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other physical and/or mental medical conditions not compatible with military service.

8.  On 11 October 2007, the applicant acknowledged receipt of the separation memorandum, he consulted with legal counsel, and he 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, under honorable conditions 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 further elected not to submit a statement in his own behalf.

9.  On 11 October 2007, the applicant’s immediate commander initiated separation action against the applicant in accordance with Army Regulation
635-200, paragraph 5-17, for other designated physical or mental conditions. 

10.  On 11 October 2007, the applicant's intermediate commander recommended approval of the recommendation for separation pertaining to the applicant with the issuance of an honorable character of service.

11.  On 18 October 2007, the separation authority approved the proposed separation action against the applicant in accordance with Army Regulation
635-200, paragraph 5-17, and directed he receive an honorable character of service.   On 6 November 2007, the applicant was accordingly discharged.  The DD Form 214 he was issued shows he was discharged with an honorable character of service by reason of a condition-not a disability.  This form further confirms he completed 3 years, 6 months, and 18 days of creditable active military service.  Item 26 (Separation Code) of this form shows the entry "JFV" and item 28 shows the entry "Condition-Not a Disability."

12.  There is no indication that the applicant suffered from an illness or injury that would have warranted his entry into the Physical Disability Evaluation System 
 (PDES) or that he underwent a MEBD or a physical evaluation board (PEB).
13.  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, 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 entry-level status.

14.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES 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 or her office, grade, rank, or rating.  It provides for MEBDs, 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 chapter 3 of Army Regulation 40-501 (Standards of Medical Fitness).  If the MEBD determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.

15.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the Veteran's Administration Schedule for Rating Disabilities (VASRD).  Department of Defense Instruction (DODI) 1332.39 and Army Regulation 635-40, Appendix B, modify those provisions of the rating schedule inapplicable to the military and clarify rating guidance for specific conditions.  Rating can range from 0 to 100 percent, rising in increments of 10 percent.

16.  Paragraph 3-35 of Army Regulation 40-501 provides for personality, psychosexual conditions, transsexual, gender identity, exhibitionism, transvestism, voyeurism, other paraphilias, or factitious disorders; disorders of impulse control not elsewhere classified.  It states that a history of, or current manifestations of, personality disorders, disorders of impulse control not elsewhere classified, transvestism, voyeurism, other paraphilias, or factitious 
disorders, psychosexual conditions, transsexual, gender identity disorder to include major abnormalities or defects of the genitalia such as change of sex or a current attempt to change sex, hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis or dysfunctional residuals from surgical correction of these conditions render an individual administratively unfit.  These conditions render an individual administratively unfit rather than unfit because of physical illness or medical disability. These conditions will be dealt with through administrative channels, including Army Regulation 635-200.

17.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for, and types of, separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and the military services to assist in the collection and analysis of separation data.  The "JFV" SPD code is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 5-17.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for his separation should be changed to disability and that he should be considered by an MEBD for possible disability retirement.

2.  The evidence of record confirms the applicant underwent a mental health evaluation that diagnosed him as having a mental condition not amounting to disability that potentially interfered with the performance of his duties.  Accordingly, his chain of command initiated separation action against him.  The recommendation for separation was supported by documentation confirming the existence of the mental condition.  He suffered from a mental disorder manifesting disturbances of behavior sufficiently severe that his ability to effectively perform military duties was significantly impaired.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The narrative reason for separation was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, paragraph
5-17, 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."

4.  The applicant's chronic stress/disorder did not render him unfit because of physical disability, but was the basis for his administrative separation as it caused interference with his military duties.  There is no evidence that the applicant suffered from any injury or illness that would have warranted his entry into the PDES.  Therefore, he was not considered by an MEBD.  Without an MEBD, there would have been no basis for referring him to a PEB.  Without a PEB, the applicant could not have been issued a medical discharge or separated/retired for physical disability.

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for programs or benefits.  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 the relief requested.

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)                                         AR20090014486



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ABCMR Record of Proceedings (cont)                                         AR20090014486



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