IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100011770 


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 her narrative reason for separation be changed.

2.  The applicant states:

* Her condition, as stated on her disability claim determination, is considered to be a service connected disability rated at 30 percent
* The determination of this condition as a disability was made the day after her discharge on 10 March 2009

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Department of Veterans Affairs (DVA) documentation

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 June 2006.  She served as a health care specialist in Iraq from 4 June 2007 to 15 July 2008.  

2.  On 26 January 2009, the applicant underwent a mental status evaluation and she was diagnosed by a licensed psychologist as having an anxiety disorder.  It was recommended she be administratively separated in accordance with Army Regulation 635-200, chapter 5-17.

3.  On 3 February 2009, the applicant's unit commander initiated action to separate her under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, for other designated physical or mental conditions.  The commander cited the applicant had been diagnosed as having an anxiety disorder.  On 12 February 2009, the separation authority approved the recommendation and directed the applicant receive an honorable discharge.  On 9 March 2009, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of a physical condition, not a disability.  

4.  Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [Paragraph] 5-17."  Item 
26 (Separation Code) of this DD Form 214 shows the entry "JFV."  Item 
28 (Narrative Reason for Separation) of this DD Form 214 shows the entry, "CONDITION, NOT A DISABILITY."

5.  In support of her claim, the applicant provided DVA documentation, dated 
18 August 2009, which shows she was granted service connection for an anxiety disorder, not otherwise specified (30 percent) effective 10 March 2009.  

6.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Chapter 5 provides for separation for the convenience of the government.  Paragraph 5-17 provides for discharge for other designated physical or mental conditions.  Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness standards) or 5-13 (separation because of personality disorder) that potentially interfere with assignment to or performance of duty.  A Soldier separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

7.  Army Regulation 635-5-1 (Separation Program Designator (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's to be used for these stated reasons.  The regulation states the reason for separation based on SPD code "JFV" is "condition, not a disability" and the regulatory authority is Army Regulation 635-200, paragraph 5-17.


8.  Title 38, U.S. Code, sections 310 and 331, permits the DVA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The DVA, however, is not required by law to determine medical unfitness for further military service.  The DVA, 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.  Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for DVA benefits based on an evaluation by that agency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, the rating action by the DVA does not necessarily demonstrate an error or injustice on the part of the Army.  The DVA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  

2.  The applicant's narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.  Therefore, there is no basis for granting the applicant's request.  

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)                                         AR20100011770





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ABCMR Record of Proceedings (cont)                                         AR20100011770



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