IN THE CASE OF:	  

		BOARD DATE:	  24 June 2010

		DOCKET NUMBER:  AR20090021217 


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 that the narrative reason for his separation "Disability, existed prior to service, PEB" be deleted, his physical evaluation board (PEB) and associated documents be removed from his records, and his reentry (RE) code be changed to an RE-1.

2.  The applicant states he never had any medical condition and he never told anyone he had a bipolar disorder type I, eating disorder, insomnia, or any other medical condition.

3.  The applicant then chronicles his numerous accomplishments while in school and the factors that played in his decision to enlist.  The applicant describes how his grandfather passed away and shortly thereafter a friend of his committed suicide while he was on active duty.  His commander had him talk to a physician after his friend died.

4.  A month later he was given a permanent profile for bipolar disorder, type I and a medical evaluation board (MEBD) was initiated.  Contrary to the findings of the MEBD, he never told anyone he:

* was diagnosed with manic depression bipolar disorder as a child
* had attempted suicide on various occasions by stabbing himself in the side
* mutilating his wrists, resulting in him receiving a skin graft
* had to be hospitalized for an eating disorder
* had anxiety attacks which required medication to control
5.  He was told that information was obtained from his civilian medical records.

6.  The applicant provides a character reference; a memorandum from an assistant professor of military science (APMS) which states that the applicant has demonstrated nothing but the highest levels of motivational spirit, desire to succeed, and emotional well being; civilian medical records which do not record any mental problems; a letter from a physician who states that he has seen the applicant twice since June 2008 and the applicant has never been diagnosed or treated for bipolar disorder, insomnia, or eating disorder by any physician in his practice; and excerpts from his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the Regular Army on 27 June 2006 and was awarded the military occupational specialty of infantryman.

2.  The applicant's medical records are not contained on the integrated Personnel Electronic Records Management System (iPERMS).  The following information was taken from documents provided by the applicant.

3.  On 30 January 2007, an addendum was added to the applicant's MEBD by a military hospital's chief of psychology.  In that addendum it was stated that when the applicant was initially seen by the psychiatry offices, he was requesting medication for depression and it appeared that he had an eating disorder.  The applicant was prescribed medication at that time.  

4.  The applicant was then referred for psychotherapy.  The psychiatrist stated the applicant reported:

* being diagnosed with bipolar disorder when he was in the 6th grade
* being prescribed two medications and psychotherapy for bipolar disorder
* he continued with the medication and psychotherapy until he enlisted
* at 14 and age 18 he attempted suicide by cutting his wrists
* at age 16 he stabbed himself in the side which required a skin graft
* he stopped eating at age 17 and lost 65 pounds
* he initially didn't eat but then taught himself to automatically throw up after he ate
* being a model student in school

5.  The applicant reported having the following symptoms of depression at the time of his psychotherapy:

* feelings of depression 
* tearfulness, 
* difficulty sleeping but wanting to sleep all the time
* loss of energy
* anhedonia
* vague suicidal thoughts with no plan or intent

6.  The applicant reported having the following symptoms of mania two months prior to his psychotherapy session:

* racing thoughts
* ecreased need for sleep
* irritability
* reckless driving
* impulsive spending

7.  The psychiatrist found the applicant unfit for military duty for bipolar disorder, type I:

8.  On 26 February 2007, the chief of psychiatry saw the applicant again who reported:

* he couldn't sleep so he went to Wal-Mart for three nights in a row and spent around $50.00 a night
* about a week later, he took his brother and sister on a shopping spree and spent about $100.00 on each sibling
* he was throwing up automatically if he overeats
* he won't eat anything the day following a day when he believes he overate

9.  On 20 April 2007, the applicant was considered by a PEB.  The PEB found the applicant had bipolar disorder, onset at age 13 with suicide attempt at age 16, and that the condition existed prior to service and was following a natural course.  The PEB recommended that the applicant be separated without disability benefits.  The applicant concurred with the PEB's findings and recommendation and waived a formal hearing of his case.

10.  During the PEB's consideration, it was provided a memorandum from the applicant's commander.  His commander stated that the applicant:

* was a quick learner
* always shows up to work with a great attitude
* always gives his best effort when assigned any task
* is a model Soldier

11.  His commander said that the applicant had told him that he (the applicant) informed his recruiter of his condition and was told that it would not be a problem and that he did not have to tell anyone about his disorder.

12.  On 6 June 2007, the applicant was honorably discharged.  The narrative reason for his discharge was disability, existed prior to service, PEB.  He was assigned an RE-3 code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has based his request on his contention that he never suffered from any medical condition and never told anyone he had been treated for any medical condition.  The applicant does not state that there was any error in the administrative processing of his separation.

2.  The applicant claims that he was never treated for bipolar disorder before he enlisted and that he never had an anxiety or eating disorder and provides medical documents to support his contention.

3.  However, there is no evidence or indication that these medical records comprise his entire medical record prior to his entry in the Army.  As such, these medical records do not form the basis to grant the applicant's request.

4.  While the applicant's civilian medical records may or may not contain documents showing that the applicant was treated for bipolar disorder, his MEBD contains two addenda from the chief of psychiatry who stated the applicant told her he was treated for bipolar disorder, told her the medications he had been prescribed for that condition, and detailed his bipolar behavior patterns.  It is totally inconceivable that the psychiatrist would have fabricated two such psychotherapy sessions.  She would have no reason to do so, especially in consideration of the adverse affect such a falsification of records would have on both her military career and her status as a physician.

5.  While the applicant says he didn't know what he was signing when he concurred with the PEB's finding and recommendation and waived a formal hearing of his case, it is again inconceivable that any Soldier would agree with a PEB's finding of bipolar disorder if he didn't suffer from that condition.

6.  While the applicant's APMS lauds the applicant's attitude and performance, so did his Regular Army commander.  The applicant's attitude and performance did not alter the findings and recommendation of his PEB and do not form the basis for changing a properly constituted military record.

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)                                         AR20090021217





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ABCMR Record of Proceedings (cont)                                         AR20090021217



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