IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100015939 


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 reason for her separation be changed from adjustment and mood disorder to a physical disability retirement.

2.  The applicant states she was "chaptered out of the military for erratic behavior."  She now has a service-connected rating for this condition by the Department of Veterans Affairs (VA).

3.  The applicant provides copies of her service medical records and VA rating decisions.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel requests that The American Legion Washington Office be informed of the actions taken in this case.  She makes no additional argument and provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 21 February 2007, completed training as a health care specialist, progressed normally, and advanced to pay grade E-4.  She served in Iraq from 9 December 2007 to 9 July 2008.

2.  On 21 July 2009, the applicant met with her platoon leader and expressed her anxiety about the possibility of attending training at the National Training Center (NTC) and indicated she would break a leg or do whatever it took to keep from going.  She indicated she had been to the mental health clinic, but they were too busy to see her.  The platoon leader accompanied her to the behavioral health clinic where she was seen by a Captain H____ who extracted a promise from the applicant that she would not harm herself.

3.  About 15 July 2009, the applicant received attention at the behavioral health clinic for complaints of depression and anxiety which recorded a history of treatment for depression at age 14 and while in Iraq.  She received follow-up treatment and participated in group sessions until 10 August when Dr. G____, a psychiatrist, provided a diagnosis of "adjustment disorder with mixed anxiety and depressed mood traits."

4.  A counseling statement , dated 27 July 2009, indicates the applicant threatened to harm herself if she were ordered to attend NTC or deploy to Iraq in calendar year 2009.

5.  The commanding officer noted that it had been brought to her attention during the previous months that the applicant was uncomfortable in the Army.  The commander concluded that the applicant did not care to be in the Army.  The applicant was informed that she was being recommended for separation under the provisions of paragraph 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations).

6.  A 20 August 2009 physical examination found her qualified for service, but noted several conditions including a 20-pound weight gain in 1 year, heartburn, psoriasis, depression, headaches, and motion sickness.

7.  The applicant was notified of initiated separation action under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.  This was based upon the axis I diagnosis of adjustment disorder with mixed anxiety and depressed mood and an axis II diagnosis ruling out "cluster C traits."  She was informed that an honorable discharge would be recommended, but that the separation authority was not bound by the recommendation and could order a general discharge.

8.  The applicant was informed of her rights to consult with counsel, to submit written statements in her own behalf, to obtain copies of any documents provided to the separation authority, and/or to waive any of the foregoing in writing.  She acknowledged the notification and receipt of a copy of the separation package.

9.  The company commander recommended the above described separation, the battalion commander recommended approval, and the brigade commander approved the recommendation and directed an honorable discharge.

10.  On 7 October 2009, the applicant was separated with an honorable discharge under Army Regulation 635-200, paragraph 5-17, due to a condition, not a disability.

11.  The documents submitted by the applicant show that on 30 March 2010, of the 25 conditions for which the applicant had sought service connection and compensation, the VA rated only three.  An adjustment disorder with depressed mood was service connected, rated at 30 percent; gastro esophageal reflux disease was service connected, rated at 10 percent; and tension headaches were service connected, rated at 0 percent.

12.  Paragraph 5-17 of Army Regulation 635-200 provides for separation of Soldiers diagnosed with other physical or mental conditions not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), but 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 "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."

13.  Army Regulation 635-200 requires that a command-directed mental health evaluation will be performed by a psychiatrist, doctoral-level clinical psychologist, or doctoral-level clinical social worker with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the Department of Defense components in connection with separation under paragraph 5-17.

14.  Title 10, U.S. Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade, or rating because of disability incurred while entitled to basic pay.

15.  Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he or she must be unable to perform the duties of his or her office, grade, rank, or rating.

16.  Army Regulation 40-501 states that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability but may be the basis for administrative separation if recurrent and causing interference with military duty.

17.  Title 38, U.S. Code, sections 310 and 331, 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 contends that the reason for her separation should be changed to a physical disability retirement because she has been rated for a service-connected condition by the VA.

2.  The medical evidence of record indicates the applicant was medically fit for retention at the time of her separation.  Neither the applicant nor counsel has submitted any probative medical evidence to the contrary.

3.  The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.  The VA also diagnosed her with an adjustment disorder.  Under Army policies, an adjustment disorder does not render an individual unfit because of physical disability but may be the basis for administrative separation as, in her case it was.

4.  There is neither documentation nor rationale to support granting the 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 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)                                         AR20100015939



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ABCMR Record of Proceedings (cont)                                         AR20100015939



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