IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110000563
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 the narrative reason for his separation to reflect that he was discharged for a service-connected disability or that his condition was service aggravated.
2. The applicant states he was discharged for a condition not a disability; however, the reason should have been for a service-incurred disability. He goes on to state he was stationed at Fort Hood, Texas, at the time of the November 2009 shooting incident and three of his platoon members were killed. Although he was seeing a therapist, after the incident his condition worsened. He believes his discharge should reflect the actual circumstances which would be service-incurred disability or, at a minimum, aggravation of his condition.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 31 July 1986 and enlisted in the Regular Army in Cleveland, Ohio, on 21 January 2009 for a period of 3 years and 17 weeks, training as a combat engineer, and a cash enlistment bonus.
2. He completed one-station unit training at Fort Leonard Wood, Missouri, and was transferred to Fort Hood in June 2009 for assignment to the 510th Engineer Company.
3. On 16 July 2009, he was absent without leave (AWOL) and remained absent until 10 August 2009.
4. On 27 August 2009, the applicant was referred to a licensed professional counselor who opined that the applicant was unable to adjust to a military life environment and recommended that the applicant be released from his military obligations.
5. On 16 October 2009, a clinical psychologist at the Darnall Army Medical Center at Fort Hood certified that the applicant had been thoroughly evaluated which included a review of records, clinical interview, psychological testing, and review of collateral information from the command and the off-post mental health counselor.
6. The psychologist diagnosed the applicant as having:
* axis I 309.4 adjustment disorder with mixed disturbance of mood and conduct
* axis II 799.9 diagnosis deferred due to lack of history, personality traits paranoid and narcissistic
7. The psychologist recommended that the applicant be administratively separated from the service under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-17, and she discussed her recommendation with the applicant.
8. The shooting at Fort Hood occurred on 5 November 2009. Four members of the applicant's unit (20th Engineer Battalion) were killed and 11 were wounded.
9. On 8 December 2009, the applicant's commander notified him he was initiating action to involuntarily separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-17, based on his diagnosis with adjustment disorder with mixed disturbance of mood and conduct. The applicant waived his right to consult with counsel and elected not to submit a statement in his own behalf.
10. The appropriate authority approved the recommendation for discharge and directed that the applicant be furnished an Honorable Discharge Certificate.
11. Accordingly, he was honorably discharged on 7 January 2010 under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition not a disability. He completed 11 months and 17 days of active service.
12. Army Regulation 635-200, paragraph 5-17, provides for the separation of Soldiers who have a physical or mental condition that potentially interferes with assignment to or performance of duty that does not amount to a disability or qualify for disability processing under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).
13. Army Regulation 635-40 (Physical Evaluation for Retention, Separation, and Retirement), paragraph 3-2b, provides 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 who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.
14. Title 38, U.S. Code, sections 310 and 331, permits the Department of Veterans Affairs (VA) to award compensation for a medical condition which was incurred in or aggravated by active military service. An award of a VA rating does not establish error or injustice in the Army rating. An Army disability rating is intended to compensate an individual for interruption of a military career after it has been determined that the individual suffers from an impairment that disqualifies him or her from further military service. The VA, which has neither the authority nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affects the individual's employability.
DISCUSSION AND CONCLUSIONS:
1. Based on the available evidence, it appears the applicant was properly discharged in accordance with the applicable laws and regulations with no indication of any violations of any of his rights.
2. Accordingly, he was properly assigned a narrative reason for separation based on the authority for his discharge.
3. The applicant failed to show through the evidence submitted with his application and the evidence of record that he was not properly diagnosed at the time or that his discharge was not conducted in accordance with the applicable laws and regulations in effect. Accordingly, there appears to be no basis to grant the applicant's 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 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) AR20110000563
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ABCMR Record of Proceedings (cont) AR20110000563
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