IN THE CASE OF:	  

		BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100017736 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his new name, and that he was discharged under the provisions of Army Regulation 635-40 due to physical disability.  He also requests that his separation and reentry codes be changed.

2.  The applicant states he was unjustly discharged under the wrong separation authority because he requested to appear before a medical evaluation board (MEB) before he was medically evacuated out of country.  He goes on to state he "had extreme issues" and experienced substantial prejudice in civilian life, due to his narrative reason for his separation.  He further states he was not given any rehabilitation and he is requesting that his separation authority, separation code, reentry code and narrative reason for separation be changed.

3.  The applicant provides a list of his enclosures with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 14 July 1984 and enlisted in the Regular Army on 28 April 2004 for a period of 3 years and 21 weeks, as a female, and training as a chemical operations specialist. 

2.  The applicant completed one-station unit training (OSUT) at Fort Leonard Wood, Missouri and was transferred to Korea for assignment to an aviation unit as a Nuclear Biological and Chemical (NBC) specialist and was advanced to the pay grade of E-4.
3.  On 24 February 2006, the applicant reenlisted for a period of 6 years and a selective reenlistment bonus.

4.  On 8 April 2007, the applicant was treated at the 121st Combat Support Hospital for suicidal ideation with multiple lacerations to the left and right forearms, left wrist and upper anterior thighs. 

5.  A DA Form 2175 (Statement of Medical Examination and Duty Status) was prepared on 8 April 2007 reflects the applicant was upset because she was not granted a chapter discharge for a mental disorder.  She had begun extra duty for an Article 15 he felt he did not deserve.  She went into a rage and entered her room and self-inflicted multiple lacerations.  The brigade commander (a colonel) deemed the applicant’s injuries to be “Not in the Line of Duty.”

6.  The applicant was transferred to the Tripler Army Medical Center in Hawaii and assigned to the medical holding company.

7.  On 23 April 2007, the applicant underwent a Behavioral Health Evaluation and the attending psychiatrist diagnosed the applicant as having:

* AXIS I: Adjustment disorder with mixed emotions and conduct
* AXIS II: Borderline Personality Disorder
* AXIS III: Chronic Back Pain

8.  On 9 May 2007, the applicant’s commander notified the applicant he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to being diagnosed with a personality disorder.

9.  After consulting with defense counsel the applicant waived all of his rights and elected not to submit a statement in his own behalf.

10.  The appropriate authority approved the recommendation for separation on 18 May 2007 and directed that he be furnished an Honorable Discharge Certificate.

11.  Accordingly, on 24 June 2007, she was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder after completing 3 years, 1 month, and 27 days of total active service.

12.  On 9 April 2009, a court approved the applicant's name change from Kathleen to Sean, as a result of a sex change.

13.  A review of the available records failed to reveal any information to show the applicant was physically unfit to perform duties.  Additionally, there is no evidence to show that she was being considered for separation under the Physical Disability Evaluation System (PDES) or that he requested such an evaluation and was denied.

14.  Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  

15.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states, in pertinent part, that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  The Army’s determination of a Soldier’s physical fitness or unfitness is a factual finding based upon the individual’s ability to perform the duties of his or her grade, rank or rating.  If the Soldier is found to be physically unfit, a disability rating is awarded by the Army and is permanent in nature.

16.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.  Changes that occur subsequent to the effective date of the DD Form 214 will not be entered or corrected on that form unless the information/event occurred during the period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

2.  The applicant’s contention that he should have been medically discharged has been noted and found to lack merit.  There simply is not sufficient evidence in the available records or in the evidence submitted by the applicant to support his contention that he should have been medically discharged by reason of physical disability.

3.  The applicant’s contention that the name on his DD Form 214 should be changed because he subsequently changed his name and sex has also been noted and found to lack merit.  The DD Form 214 correctly reflects the applicant’s name at the time of discharge and the applicant has not shown that it was in error at the time.

4.  The Army has an interest in maintaining the accuracy of its records and the evidence of record clearly shows the applicant served his entire period of service under the name that is currently reflected on his DD Form 214.  The fact that the applicant changed his name and sex after his discharge is not a sufficient basis to alter records that are correct as they now exist.

5.  However, a copy of these proceedings and the documents submitted by the applicant will be placed in the applicant’s official records so as to resolve any future questions that may arise involving the applicant’s name.

6.  The evidence is not sufficient to grant the applicant’s request to change his separation authority, separation code, reentry code or narrative reason for separation.

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)                                         AR20100017736



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ABCMR Record of Proceedings (cont)                                         AR20100017736



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