IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110002932 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from "disability, existed prior to service (EPTS), physical evaluation board (PEB)" to "disability."

2.  The applicant states, "service connected." 

3.  The applicant did not provide any additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 18 November 2005 and held military occupational specialty (MOS) 11B (Infantryman).   The highest rank/grade he attained during his military service was private first class/E-3.

2.  Subsequent to completion of MOS training and assignment to Fort Lewis, WA, he was reassigned to the 2nd Squadron, 1st Cavalry Regiment, Vilseck, Germany, on or about 7 August 2006. 

3.  He underwent a medical examination on 31 May 2007 that resulted in a determination that he no longer met the medical standards of Army Regulation 40-501 (Standards of Medical Fitness) and a recommendation was made to refer him to the Physical Disability Evaluation System (PDES).  His narrative summary shows he had major psychiatric limitations that rendered him not worldwide 
deployable.  His diagnosis was:
* Axis I - Bipolar I Disorder, most recent episode mixed, moderate, EPTS
* Axis II - None
* Axis III - Stress fracture of the right 3rd metatarsal
* Axis IV - Moderate, economic worries about returning to civilian life

4.  On 27 June 2007, a medical evaluation board (MEB) convened at the U.S. Army Medical Activity, Wurzburg, Germany, and after consideration of clinical records, laboratory findings, and physical examinations, the MEB determined the applicant had the medically unacceptable condition of bipolar disorder that existed prior to his service and the medically acceptable condition of stress fracture to right metatarsal.  The MEB recommended he be referred to a physical evaluation board (PEB).  The applicant agreed with the MEB's findings and recommendation and indicated he did not desire to continue on active duty.

5.  On 9 July 2007, an informal PEB convened in Washington, DC, and after a review of the objective medical evidence of record, the PEB found the applicant's medical and physical impairment prevented reasonable performance of the duties required by his grade and MOS and determined that he was physically unfit due to a bipolar disorder.  The PEB noted that the applicant had a long history of psychiatric problems and he was diagnosed with bipolar disorder in 2003 prior to joining the Army.  The condition is considered an EPTS condition that was not permanently aggravated by service.  EPTS conditions are not compensable under the PDES.  The applicant was classified under the Veterans Affairs Schedule for Rating Disabilities code 9432, but was not given a rating.  The PEB also considered his second condition of stress fracture, but determined that it was not unfitting and thus not rated.  The PEB recommended the applicant be separated from the service without disability benefits.  

6.  Subsequent to receiving counseling on the findings and recommendations and on his legal rights, the applicant concurred with the PEB's findings and recommendation and waived his right to a formal hearing of his case.  The PEB president approved the findings and recommendations of the PEB.

7.  He was honorably discharged on 15 September 2007.  The DD Form 214 he was issued shows he was discharged under the provisions of paragraph 4-24b(4) of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) by reason of disability, EPTS.  This form further shows he completed a total of 1 year, 9 months, and 28 days of creditable active military service.  Item 26 (Separation Code) shows the entry "JFM" and item 28 shows the entry "disability, EPTS, PEB."

8.  Army Regulation 635-40 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 MEBs, 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 based on the criteria in chapter 3 of Army Regulation 40-501.  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.

9.  Chapter 4 of Army Regulation 635-40 provides for the separation of enlisted Soldiers found to be unfit by a PEB due to a condition which existed prior to service or occurred in the line of duty and not due to the Soldier's misconduct.  Paragraph 4-24b(4) provides for separation for physical disability without severance pay.

10.  Army Regulation 635-40 states, in pertinent part, that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service.  Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.  

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code "JFM" is the correct code for Soldiers separating under Army Regulation 635-40, paragraph 4-24b (physical disability existing prior to entry on active duty established by PEB proceedings; not entitled to severance pay). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant suffered from a medical condition – bipolar disorder – that rendered him unable to reasonably perform the duties of his grade and specialty.  He underwent an MEB that referred him to a PEB.  The PEB noted that the applicant had a long history of psychiatric problems and he was diagnosed with bipolar disorder in 2003 prior to joining the Army.  

2.  According to accepted medical principles, the manifestation of a chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) is accepted as proof that the disease existed prior to entrance into active military service.  Consequently, his records were evaluated by an MEB that referred him to a PEB. The PEB found him medically unfit and found compelling evidence to support a finding that he had an EPTS condition that was not permanently aggravated by military service.  Accordingly, the PEB recommended his separation by reason of physical disability without entitlement to severance pay.

3.  His narrative reason for separation was assigned based on the fact that he was separated under the provisions of paragraph 4-24b(4) due to his EPTS condition of bipolar disorder.  Absent the medical condition, there was no fundamental reason to convene an MEB and/or a PEB.  The underlying reason for his MEB/PEB was his EPTS condition.  The only valid narrative reason for separation permitted under that paragraph is "disability, EPTS."  Therefore, the applicant received the proper narrative reason for separation.

4.  In view of the foregoing evidence, he is not entitled to 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 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)                                         AR20110002932



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ABCMR Record of Proceedings (cont)                                         AR20110002932



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