IN THE CASE OF:	  

		BOARD DATE:	    20 January 2011

		DOCKET NUMBER:  AR20100014773 


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 information regarding anxiety and Attention Deficit Disorder (ADD) be removed from his retention medical examination.

2.  He states on 2 November 2004, while in the Individual Ready Reserve (IRR), he was called upon to take a routine physical examination for retention.  He adds that during the examination he provided information regarding anxiety and ADD he was being treated for at that time.  He offers that after reviewing the examination he was found fit for service and he was retained for the remainder of his IRR commitment.  He further states he is in the process of reviewing his options for reenlisting in the Reserve or the Army National Guard (ARNG) and has been told the information he provided concerning his anxiety and ADD issues will require a waiver.  He maintains he is no longer being treated for anxiety, depression, ADD, or any other related symptoms.  He adds the diagnosis was made after his honorable discharge from the Idaho ARNG and while serving out the rest of his commitment.  He believes these conditions degrade his permanent service record.

3.  He provides the following:

* Self-authored statement
* Medical Record Form
* Memorandum, Subject:  Results of Retention Physical Examination, dated 1 May 2005
* DA Form 3349 (Physical Profile), dated 25 May 2005

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the U.S. Marine Corps Reserve on 24 April 1996 and served until he enlisted in the Idaho ARNG on 6 June 1999.  He was honorably discharged from the Idaho ARNG on 2 October 2000 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged from the USAR on 17 January 2006.

3.  A copy of his DD Form 2808 (Report of Medical Examination) dated 
2 November 2004, shows he was diagnosed with anxiety and taking medication for anxiety and Attention Deficit Hyperactivity Disorder.  His DD Form 2807-1 (Report of Medical History) also dated 2 November 2004, shows a "Yes" checked in the following blocks of "Have You Ever Had or Do You Now Have":

* 17a, Nervous trouble of any sort
* 17e, Received counseling of any type
* 17f, Depression or excessive worry
* 17g, Been evaluated or treated for a mental condition 

4.  Additionally, to explain his "yes" entries in item 17, he listed that he suffered from anxiety, ADD, and situational depression beginning in March 2001.  He said he had been evaluated and treated for Generalized Anxiety Disorder and situational depression related to anxiety.  He stated he was taking medication for anxiety and ADD and was attending weekly counseling sessions.

5.  His Medical Record form shows the following three comments:

   a.  18 March 2005, Request additional information on anxiety.  Service Member has lower extremity pain and chronic sinus infection, records included with physical examination.
   
   b.  30 March 2005, Service Member mailed additional information letter.
   
   c.  12 May 2005, Review completed.  Meets medical retention standards.  Received documents from mental health provider on anxiety; anxiety controlled with medication.

6.  Memorandum, Subject:  Results of Retention Physical Examination, dated 
1 May 2005, shows he was determined to be physically fit for retention under the provisions of Army Regulation 40-501 (Standards of Medical Fitness).  However, the results of his physical examination required a command surgeon to review and/or take appropriate action.

7.  His DA Form 3349 shows he was issued a permanent profile for "anxiety, chronic perforated eardrum, chronic ear/sinus infection."  The profile stated he was "unable to deploy to areas where psychological treatment is not available. No swimming due to chronic ear/sinus infection and perforated eardrum."   

8.  Army Regulation 40-501 (Standards of Medical Fitness), states, in pertinent part, that the DD Form 2807–1 must be prepared in all cases when the DD Form 2808 is also completed.  It provides the examining physician with an indication of the need for special discussion with the examinee and the areas in which detailed examination, special tests, or consultation referral may be indicated.  The information entered on this form is considered confidential and will not be released to unauthorized sources.  The examinee should be informed of the confidential nature of his or her entries and comments.  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/Record) provides guidance on what documents are required to be filed in the Soldier's official military personnel file (OMPF).  The regulation states, in pertinent part, that the Report of Medical History and Report of Medical Examination will be filed in the OMPF.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have information concerning being diagnosed with anxiety and ADD be removed from his retention medical examination was considered.  However, there is no evidence and he has failed to provide any to show that the information listed on his medical examination was rendered in error or unjustly.  



2.  The Army has an obligation to maintain records as they were constituted at the time of creation for historical purposes.  The fact that he believes the entries of anxiety and ADD degrade his military records is not sufficient justification to change his medical examination.    

3.  In view of the foregoing, there is no basis for granting his 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)                                         AR20100014773





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ABCMR Record of Proceedings (cont)                                         AR20100014773



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