IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100025664 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* the correct amount of her separation pay
* the correct dates of active duty service

2.  The applicant states:

* item 18 (Remarks) of her DD Form 214 shows she received $20,191.50 in separation pay but she actually received $9,572.72
* her DD Form 214 shows she entered active duty on 10 August 1997 and she was honorably released from active duty on 18 February 2010
* she was in the U.S. Army Reserve (USAR) and was ordered to active duty from 28 March 2003 to 24 March 2005
* she found evidence that she should have been medically boarded and not discharged in accordance with paragraph 5-17 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations)

3.  The applicant provides:

* DD Form 214, dated 24 March 2005
* Defense Finance and Accounting Service (DFAS) Leave and Earnings Statement (LES)
* Orders
* DD Form 368 (Request for Conditional Release)
CONSIDERATION OF EVIDENCE:

1.  With respect to the applicant's prior active and inactive service, paragraph    2-5, Section II, Army Regulation 15-185, the regulation under which this Board operates, states that the Board will not consider any application if it determines that a member has not exhausted all administrative remedies available to him/her.  The applicant was advised by separate correspondence of the procedure to request such request.  Therefore, the issue of her prior active and inactive service will not be discussed further in the Record of Proceedings. 

2.  The applicant's records show she enlisted in the USAR on 19 October 1983 and she held military occupational specialty (MOS) 92B (Medical Laboratory Specialist).  This MOS was later changed to MOS 68K (Medical Laboratory Specialist).  

3.  She entered initial active duty for training (IADT) on 12 April 1984 and she was released from IADT on 19 October 1984.  The DD Form 214 she was issued for this period of service shows she completed 6 months and 8 days of creditable active service.  

4.  She enlisted in the Regular Army (RA) on 9 October 1985 and she was honorably released from active duty on 6 April 1990 and she was transferred to the USAR.  The DD Form 214 she was issued for this period of service shows she completed 4 years, 5 months and 28 [sic] (29) days of creditable active service.  

5.  She enlisted in the USAR on 19 August 1997 and served in various staff or leadership positions.

6.  On 28 March 2003, she was ordered to active duty as a member of her USAR unit in support of Operation Noble Eagle.  She was honorably released from active duty on 24 March 2005 and assigned to the USAR.  The DD Form 214 she was issued for this period of service shows she completed 1 year, 11 months, and 27 days of creditable active service.

7.  She enlisted in the RA on 25 March 2005.  She was assigned to Company C, 801st Brigade Support Battalion, 4th Brigade, 101st Airborne Division, Fort Campbell, KY.

8.  On 17 September 2009, she received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice for being absent from her appointed place of duty on two different occasions.

9.  Between September 2009 and November 2009, she was frequently counseled by several members of her chain of command for various infractions including substandard performance, failing to report to her place of duty, talking back to her chain of command, reacting inappropriately by losing her temper, performing her assigned tasks in a substandard manner, failing to maintain her personal appearance to standards, and missing appointments.

10.  On 16 November 2009, she underwent a mental health status evaluation at the request of her commander.  The examining psychologist diagnosed the applicant with "Axis I:  Adjustment Disorder with Depressed Mood" and "Axis II:  Personality Disorder Not Otherwise Specified."  The psychologist indicated the applicant did not demonstrate impairments or inefficiencies that precluded her from performing the duties of her MOS, she met retention requirements, she did not have a psychiatric diagnosis that would require her to appear before a medical board, and he noted the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command.  The psychologist stated, in part, "Due to her past difficulties dealing with stress and the resulting acting out behaviors, it is recommended she be administratively separated from the military."

11.  On 14 January 2010, her immediate commander notified her that based on the diagnosis of a personality disorder discharge action was being initiated against her under the provisions of Army Regulation 635-200, pargraph 5-17, other designated physical or mental conditions.  The commander recommended her for an honorable discharge. 

12.  On 14 January 2010, the applicant acknowledged notification of her proposed discharge from the Army.  On 29 January 2010, she consulted with legal counsel and she was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the procedures and rights that were available to her.  She waived her right to an administrative separation board and declined to submit statements on her own behalf.

13.  Her chain of command recommended approval of her discharge with an honorable discharge.

14.  On 3 February 2010, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-17, with an honorable discharge.  On 18 February 2010, she was discharged accordingly.  

15.  The DD Form 214 she was issued for this period of service contains the following entries:
* Item 12a (Date Entered [Active Duty] This Period) - "1997  08  19"
* Item 12b (Separation Date This Period) - "2010  02  18"
* Item 12c (Net Active Service This Period) - "0012  06  00"

16.  Item 18 (Remarks) of this DD Form 214 shows, in pertinent part, "Separation Pay - $20,191.50."

17.  An email, dated 8 March 2011 from DFAS confirmed the applicant received separation pay in the amount of $13,749.45.  The Federal income tax withholdings amounted to $3,437.36 and the net amount to the Soldier was $10,312.00.  One payment was made to the Soldier upon separation in the amount of $9,572.72 and a second payment was paid to the Soldier in the amount of $2,392.68.  The second payment was for the balance of the separation pay and for other monies due the Soldier. 

18.  Army Regulation 635-200, paragraph 5-17, states that commanders who are special court-martial-convening authorities may approve separation under this paragraph for Soldiers with other physical or mental conditions not amounting to disability, including a personality disorder (for Soldiers with more than 24 months of active duty service) that interferes with assignment or with the performance of duty.  Soldiers being considered for separation under paragraph 5-17 must have the diagnosis of a personality disorder established by a psychiatrist or doctoral-level clinical psychologist.  

19.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  It provides for medical evaluation boards (MEB), which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention and if the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a physical evaluation board.

20.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, retention, and separation.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the VA Schedule for Rating Disabilities.  Paragraph 3-35 (Personality Disorders) states, in part, a history of, or current manifestations of, personality disorders of impulse control not elsewhere classified render an individual administratively unfit rather than unfit because of physical illness or medical disability.

21.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that item 12 (Record of Service) shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of item 12 is as follows:

* item 12a shows the beginning date of the continuous period of active duty for issuance of a DD Form 214 for which a DD Form 214 was not previously issued
* item 12b shows the Soldier's transition date
* item 18, for a Soldier receiving severance, readjustment, or non-disability severance pay (as indicated by the finance office), enter type of pay and amount (gross amount)

22.  Military Personnel Message Number 06-147, dated 23 May 2006, subject: DD Form 214, Separation/Readjustment/Severance Pay (Disability or Non-disability) Annotation, states when a Soldier receives disability severance pay, the "Gross" (not NET) amount is requested from DFAS and entered in item 18 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the separation pay, the evidence of record shows upon her discharge from the Army the applicant received $13,749.45 in gross severance pay.  The amount of severance pay shown in item 18 of her DD Form 214 is incorrect.  It shows $20,191.50.  Therefore, she is entitled to correction of her DD Form 214 to show the correct gross amount of severance pay she received.

2.  With respect to her dates of service, she enlisted in the RA on 25 March 2005 and she was discharged on 18 February 2010.  Item 12a of the DD Form 214 she was issued for this period of service reflects an incorrect entry date; it listed her date of entry as 19 August 1997 which also resulted in inaccurate entries in items 12c.  Therefore, she is entitled to the correction of items 12a and 12c of her DD Form 214 to show her correct dates and lengths of service. 

3.  With respect to her contention that she should have been medically boarded rather than discharged, records show prior to her discharge she was medically evaluated and diagnosed with adjustment disorder and personality disorder.  It was determined her condition was not unfitting or not of the severity to warrant an MEB, she met retention standards, and she was cleared for discharge from the Army.  Her administrative discharge was appropriate.  Therefore, she is not entitled to the requested relief.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 for the period ending 18 February 2010 as follows:

* deleting the entry "1997  08  19" from item 12a and adding the entry "2005  03  25"
* deleting the entry "0012  06  00" from item 12c and adding the entry "0004  10  25"
* deleting the entry "$20191.20" from item 18 and adding the entry "$13749.45"

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of her DD Form 214 to show she received $9,572.72 in severance pay and correcting her records to show she was medically boarded.  



      _______ _   _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)                                         AR20100025664





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ABCMR Record of Proceedings (cont)                                         AR20100025664



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