BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110004056 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "medical, based upon condition of diagnosed Crohn's disease and anemia" instead of "condition, not a disability."

2.  The applicant states:

	a.  she was separated from the Army because she was unable to perform her assigned duties and failed the Army Physical Fitness Test (APFT);

	b.  on 25 October 2007, she was diagnosed with Crohn's disease; and

	c.  it is very reasonable to presume she could not perform her assigned duties due to the chronic weakness and anemia resulting from her confirmed medical diagnosis.

3.  The applicant provides a copy of her DD Form 214 and Valley Hospital and Medical Center Discharge Summary.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows she enlisted in the Regular Army on 23 January 2007.

3.  While performing initial entry training, the applicant underwent a mental status evaluation on 7 June 2007 that shows:

* her behavior was cooperative
* her thought content was normal
* her level of alertness was fully alert
* she was fully oriented
* her mood and effect was tearful and depressed
* her thinking process was clear
* her memory was good

4.  The mental status evaluation also shows the applicant's diagnosis included:

* axis I – "adjustment disorder with depressed mood"
* axis II – "deferred"
* axis III – "deferred to physician"

5.  The psychologist determined the applicant was mentally responsible, met retention requirements, and had the mental capacity to understand and participate in separation proceedings.  The psychologist further provided:

	a.  in his professional opinion, the applicant's problem will not respond to command efforts at rehabilitation or to any treatment methods currently available in any military mental health facility;

	b.  based on the applicant's current symptoms and past history, the commander should consider administrative separation; and

	c.  the applicant met the criteria for separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions).

6.  On 24 August 2007, the unit commander notified the applicant that he was initiating action to discharge her under the provisions of paragraph 5-17, Army Regulation 635-200, by reason of "other designated physical and mental conditions."  He cited the applicant's mental status evaluation diagnosis and her lack of motivation and desire necessary to complete the required initial entry training as the basis for the separation action.  He recommended that she receive an honorable discharge.

7.  On 29 August 2007, the applicant acknowledged receipt of the separation notification and completed an election of rights.  In it, she acknowledged that before she completed the form she was afforded the opportunity to consult with counsel and she declined this opportunity.  She also waived her rights and elected not to submit a statement on her own behalf.

8.  On 12 September 2007, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-17, and directed that the applicant receive an honorable discharge.  On 21 September 2007, the applicant was discharged accordingly.

9.  The DD Form 214 issued to the applicant upon her separation confirms she was discharged in the rank/grade of private/E-2 after completing a total of 7 months and 29 days of active military service.  Item 25 (Separation Authority) shows the authority for her separation as Army Regulation 635-200, paragraph 
5-17, and item 28 shows the reason for her separation as "condition, not a disability."

10.  The applicant provides a hospital discharge summary prepared by Valley Hospital and Medical Center, Spokane, Washington, on 20 October 2007.  It shows she was diagnosed with the following:

* Crohn's disease
* right distal ureter stone
* anemia

11.  Army Regulation 635-200 provides the Army's enlisted personnel separation policy.  Paragraph 5-17 provides for separating members for physical or mental conditions not amounting to disability, which includes those members suffering from a disorder manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

12.  Army Regulation 40-501 (Standards of Medical Fitness) provides the medical fitness standards for retention and separation, including retirement.  Paragraph 3-36 (Adjustment Disorders) states that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 28 of her DD Form 214 should be corrected to show "medical, based upon a condition of diagnosed Crohn's disease and anemia" instead of "condition, not a disability."

2.  The only condition the applicant was diagnosed with while serving on active duty was an adjustment disorder.  In accordance with regulatory guidance, adjustment disorders do not render an individual unfit because of physical disability, but may be the basis for administrative separation.

3.  The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  While a member may be separated based on a medically-diagnosed condition or disease, that specific diagnosis is not listed on the DD Form 214 as an authorized narrative reason for separation.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20110004056



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ABCMR Record of Proceedings (cont)                                         AR20110004056



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