IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100000914 


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 he be medically retired.

2.  The applicant states, in effect, he should have been medically retired.  He states that he got a second opinion prior to having surgery and some medical problems were discovered that the Army said he did not have.  He also states that his sergeant pushed his paperwork through because he was going to get his friend in trouble for trying to get him to kill himself.  He complains that the copies of his military records are so poor they are useless.

3.  The applicant provides some documents from his service medical records and some medical documents that he claims he got as a result of a second opinion which are dated July 2009. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 October 2008, completed the training requirements, and was awarded military occupational specialty 11B (Infantryman).

2.  The available service records are of an extremely poor quality, both those that were reportedly sent to the applicant (and forwarded to the Board) and those contained in the integrated Personnel Electronic Records Management System record.  A large number of the official documents are unreadable in part or totally including some that are virtually blank pages.


3.  The readable service medical records show the applicant was treated for abdominal pain, rectal bleeding, and severe hemorrhoids. 

4.  On 9 March 2009, the applicant was diagnosed as suffering from an adjustment disorder with anxiety.  The recommendation was that he be administratively discharged.

5.  On 1 April 2009, the unit commander initiated separation action against the applicant under the provisions of Army Regulation 635-200, paragraph 5-17 for an adjustment disorder with anxiety.

6.  Due to the poor quality of the available records it is impossible to determine exactly when and what occurred.

7.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 27 April 2009 under Army Regulation 635-200, paragraph 5-17 for a physical or mental condition not amounting to a disability.  He had completed 6 months and 27 days of creditable service with no lost time.

8.  The medical documents, dated July 2009, that the applicant claims he received as a result of a second opinion show he was evaluated for an ulcer, gastritis, and an esophagus condition.  It also appears he had a colonoscopy, due to abdominal pain, rectal bleeding and severe hemorrhoids and it was determined he had polyps.  The available documents reveal no further results. 

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5–17 (Other designated physical or mental conditions) states, "Commanders specified in paragraph 1–19 may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability (Army Regulation 635–40) 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…(8) 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…When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with Army Regulation 40–501. Command-directed mental status 

evaluations will comply with paragraph 1–32e.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

10.  Army Regulation 40-501 provides medical fitness standards for retention and separation, including retirement.  Chapter 3 provides the various medical conditions and physical defects that render individuals unfit for further service.  Personality and adjustment disorders may render individuals administratively unfit rather than unfit due to physical disability.  Interference with effective performance of duty in association with these conditions is to be dealt with through appropriate administrative channels.

11.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant had some medical problems, in addition to his diagnosis of an adjustment disorder, they are not shown to have warranted processing through medical channels.

2.  It appears the applicant's service was not interrupted by any physical conditions; rather, he was discharged as a result of an adjustment disorder. 

3.  In the absence of evidence to the contrary, it is presumed that the applicant's discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The type of discharge directed and the reasons therefore were appropriate considering the facts of the case.

4.  The documents the applicant received as a result of a second opinion were considered and they are not sufficient to show the applicant should have been processed through medical channels and medically retired.  Neither are they sufficient to show he had a condition that the Army said he did not have.

5.  Additionally, there is no evidence that anyone tried to get him to kill himself or that he was mistreated in anyway.




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)                                         AR20100000914



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)