IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100014051 


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) to show his reason for separation was due to a service-connected disability.

2.  The applicant states, in effect:

* The narrative reason for separation shown on his DD Form 214 is incorrect
* His service medical records prove that an inaccurate diagnosis was made at the time of his discharge
* He was not diagnosed by a licensed psychologist
* His condition was determined by a specialist (E-4)
* The Department of Veterans Affairs (VA) has awarded him a 30 percent (%) service-connected disability rating for post traumatic stress disorder (PTSD) and a 10% service-connected disability rating for a knee injury
* He was told by the VA that PTSD manifesting as anxiety is not a "Physical Condition"
* His DD Form 214 contradicts every piece of medical evidence pertaining to his case, particularly as it pertains to time in service
* He was initially deemed by the VA to be eligible for Post 9/11 GI Bill Educational Benefits and the VA has now reversed its decision due to his narrative reason for separation
* 
He is facing eviction from university housing and his university account is on hold, which is preventing him from completing his degree
* He is unable to obtain copies of his transcripts to provide to prospective employers

3.  The applicant provides the following:

* a DD Form 214
* a DA Form 4187 (Personnel Action)
* a VA Rating Decision, dated 13 June 2009
* a VA Rating Decision, dated 24 April 2006
* a letter from the VA to his Representative in Congress, dated 29 March 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 November 2004 for a period of 3 years and 23 weeks.

2.  On 4 January 2005, he underwent a Mental Status Evaluation at the Behavioral Medicine Clinic, Fort Knox, KY.  He was diagnosed with PTSD.  According to a board-certified doctor in psychiatry and neurology, and a mental health specialist, the applicant had been to the Behavioral Medicine Clinic on several occasions with symptoms of anxiety related to a past near-death experience.  The stress of basic combat training exacerbated his symptoms and despite multiple treatment efforts, he continued to have difficulty adapting to the daily stressors of the military.  He was motivated to complete training; however, his anxiety would not improve while he was in the military and it would most likely hinder the successful completion of his training.  The attending medical personnel recommended his separation from the service in accordance with Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 5-17, due to other designated physical or mental conditions.

3.  On 20 January 2005, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 5-17, due to other designated physical or mental conditions.  His commander cited his diagnosis by the Fort Knox Behavioral Health Clinic of PTSD as the basis for the recommendation.  In the notification, he was told that his behavior and attitude problems rendered him incapable of successfully coping with the emotional stress of military training.


4.  On 23 January 2005, the applicant acknowledged receipt of the notification.  After consulting with counsel, he completed a Medical Examination for Separation Statement of Option indicating that he did not desire a separation medical examination.

5.  On 28 January 2005, the appropriate separation authority approved the recommendation for discharge and directed the applicant receive an uncharacterized discharge.  Accordingly, he was discharged on 3 February 2005, under the provisions of Army Regulation 635-200, chapter 5-17, due to a physical condition, not a disability.  He had completed 3 months of net active service this period.  Item 26 (Separation Code) of his DD Form 214 shows the entry "JFV."

6.  On 5 August 2009, the Army Discharge Review Board denied the applicant's petition for an upgrade of his discharge and for a change to his narrative reason for separation.

7.  The VA Rating Decisions that the applicant submits shows he was awarded a 30% service-connected disability rating for PTSD and a 10% service-connected disability rating for right knee internal derangement, effective 4 February 2005.

8.  The VA letter, dated 26 March 2010, submitted by the applicant informs his Representative in Congress of the criteria for post 9/11 GI Bill eligibility.  It states section 3311(b)(2) specifies that a person may be eligible for the Post 9/11 GI Bill who after 10 September 2001 serves, "(A)" at least 30 continuous days on active duty in the Armed Forces; and "(B)" after completion of service described in subparagraph (A), is discharged or released from active duty in the Armed Forces for a service-connected disability.  The letter further informs his Representative in Congress that his reason for separation does not meet the eligibility criteria of section 3311(b) because he was discharged due to a physical condition, not a disability.

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that Soldiers may be separated on the basis of other physical or mental conditions not amounting to disability 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; and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties are significantly impaired.

10.  Army Regulation 635-200, paragraph 5-17, further indicates that 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.

11.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that item 28 will contain the narrative reason for separation, as shown in Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) based on the regulatory authority.

12.  Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the SPD code of “JFV” as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as “Condition, Not a Disability” and that the authority for discharge under this SPD is Army Regulation 635-200, paragraph 5-17.

13.  Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, 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 VA benefits based on an evaluation by that agency.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been considered.  However, there is no evidence in the available record, nor has he submitted any evidence, showing that the narrative reason for separation currently shown on his DD Form 214 is incorrect or that it contradicts the medical evidence of record.

2.  Although he was diagnosed with PTSD, there is no evidence that he was medically unfit for retention at the time of his discharge.  Army Regulation
635-200, paragraph 5-17, specifically provides that Soldiers may be separated under this provision on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  

3.  The applicant was still in training and had only 3 months of net active service when he was diagnosed with PTSD resulting from a pre-service incident.  He was not found medically unfit for retention on active duty and he was not processed for discharge through medical channels.  His Mental Status Evaluation indicated that the stress of basic combat training exacerbated his symptoms and his anxiety would not improve while he was in the military.  However, that evaluation diagnosis also clearly implied that once he left the stressful environment of basic combat training his anxiety symptoms would resolve.
Therefore, he was properly discharged as a result of a condition not amounting to a disability.

4.  He was discharged and assigned a narrative reason for separation in accordance with the applicable regulation and as previously stated the VA awards compensation solely on the basis that a medical condition exists.  Consequently, his medical condition, although not considered medically unfitting for military service at the time of discharge, may be sufficient to qualify him for VA benefits based on an evaluation by that agency.

5.  The applicant has not shown that his condition was unfitting and the fact that the VA has determined that his narrative reason for separation does not meet the eligibility criteria for benefits under the Post 9/11 GI Bill does not justify changing the reason for his separation.

6.  His contentions regarding his failure to be diagnosed by a licensed psychologist has also been considered.  However, his Mental Status Evaluation is signed by a board-certified doctor in psychiatry and neurology, and a mental health specialist.  He has not shown error or injustice in the procedures used to determine his mental status.  Based on the applicable regulations and the available evidence of record the narrative reason shown on his DD Form 214 is correct as currently reflected.

7.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100014051



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014051



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1