IN THE CASE OF:	  

		BOARD DATE:	  14 June 2011

		DOCKET NUMBER:  AR20100024670 


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, in effect, that his records be corrected to show he was discharged by reason of a physical disability.

2.  The applicant states he wants his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect his Department of Veterans Affairs (DVA) service-connected disability rating.

3.  The applicant provides copies of his DD Form 214 and a 12 February 2010 DVA disability decisional document.

CONSIDERATION OF EVIDENCE:

1.  The applicant's service medical and dental records are believed to be on permanent loan to the DVA and are not available for review.

2.  The applicant enlisted in the Regular Army on 17 July 2008, completed training, and he was awarded military occupational specialty 11B (Infantryman).

3.  A 14 May 2009 psychiatric evaluation provides the following information and assessment:




	a.  The applicant was sent to Community Mental Health Services (CMHS) by his unit because of concerns about his emotional state and complaints of depressed mood, withdrawal, social isolation, decreased enjoyment, sleep disturbance, and nightmares.  

	b.  At the time of the evaluation, the applicant reported that he had been unable to adjust to the requirements of military training, and he no longer wished to serve in the infantry.  He indicated he had depressed mood, nightmares, sleep disturbance, and thoughts of suicide, which were not typical of his emotional state prior to enlistment.  He attributed these problems to his poor adjustment to the military and he wished to be discharged from the Army.  His unit evaluation indicated poor performance in many areas and that he demonstrated poor potential to succeed in the Army.  His commander supported his separation.  His counseling appointments at CMHS did not resulted in any significant improvement of his adjustment problems.  He had not been deployed, did not exhibit symptoms consistent with PTSD, and denied a history of Traumatic Brain Injury.  

	c.  Based on this evaluation, the diagnoses, within the meaning of Army Regulation 40-501, Army Regulation 635-200, and the Diagnostic and Statistical Manual (DSM IV), were as follows:

* AXIS I Adjustment Disorder with Anxiety and Depressed Mood
* Axis II No Diagnosis
* Axis III Deferred
* Axis IV Occupational Problem

	d.  There was no psychiatric disease or defect which warranted disposition through medical channels.

	e.  The applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right, and the mental capacity to understand and participate in administrative board proceedings.

	f.  The applicant was psychiatrically cleared for any administrative action deemed necessary by his chain of command.

	g.  It was recommended that he be separated from the military in accordance with Army Regulation 635-200, paragraph 5-17.  His psychiatric condition does not amount to disability but would significantly interfere with his assignment to or performance of duty.  He should not have access to weapons or ammunition.  It is unlikely that efforts to rehabilitate or develop him into a satisfactory member of the military would be successful.  His condition seriously impaired his ability to function in the Army and future incapacity due to inability to adjust is expected. 

4.  The applicant was notified of his proposed separation action under the provisions of Army Regulation 635-200, paragraph 5-17, for a designated physical or mental condition not amounting to a physical disability.

5.  On 11 August 2009, the applicant acknowledged the proposed separation action and elected not to provide a personal statement.

6.  On 2 September 2009, the separation authority approved the discharge action and directed the issuance of an honorable discharge.

7.  On 29 September 2009, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, due to other designated physical or mental conditions - not a disability.

8.  On 12 February 2010, the DVA granted the applicant a 10 percent disability rating for an adjustment disorder with anxiety and depressed mood. 

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) states a Soldier with less than 24 months of active duty service be separated for physical or mental condition, not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty.  Separation because of adjustment disorder is authorized if the disorder is so severe that the Soldier’s ability to function effectively in the military environment is significantly impaired.  

10.  Army Regulation 40-501 (Standards of Medical Fitness) provides medical fitness standards for retention and separation.  It states that adjustment disorders may render individuals administratively unfit rather than unfit due to physical disability.  Interference with effective performance of duty in association with these conditions is to be dealt with through appropriate administrative channels.

11.  Title 38, United States 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 states he wants his DD Form 214 to reflect his DVA service connected disability rating determination.

2.  An award of a VA rating does not establish entitlement to medical retirement or separation.  The VA is not required to find unfitness for duty.  Operating under its own policies and regulations, the VA awards ratings because a medical condition is related to service, i.e., service-connected.  Furthermore, the VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated.

3.  The applicant was discharged for an adjustment disorder.  In accordance with military regulations such a condition renders an individual administratively unfit rather than unfit due to physical disability.

4.  The applicant's DD Form 214 correctly shows he was discharged due to a physical or mental condition not amounting to a disability.  The fact that the DVA has granted him a disability rating for his adjustment disorder with anxiety and depressed mood does not affect his military separation.  No relief is warranted in this case.

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)                                         AR20100024670



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ABCMR Record of Proceedings (cont)                                         AR20100024670



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