IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110005435
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 reason for her separation as completion of required military service and removal of all references to a diagnosis of bipolar disorder from her records.
2. The applicant states she believes the physical evaluation board (PEB) actions were erroneous and contrary to the findings of the medical evaluation board (MEB). There is nothing in her record to support a diagnosis of a bipolar disorder.
3. The applicant provides copies of three DD Forms 214, an Optional Form 275 (Medical Evaluation Board (MEB) Proceedings), a DA Form 199 (PEB Proceedings), 48 pages of service medical records, 50 pages of military personnel records, and Physical Disability Board of Review correspondence.
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 enlisted in the Regular Army on 30 June 1989 and was honorably released from active duty on 31 July 1990. She entered active duty with the U.S. Army Reserve (USAR) on 25 October 2001 and was released from active duty on 10 October 2002. Her Chronological Statement of Retirement Points shows she did not actively participate in the USAR until retirement year ending 23 March 1999.
3. She again enlisted in the Regular Army on 21 November 2002 completing training as a medical specialist before arriving for duty in Germany on 15 July 2003.
4. On 23 July 2003, she was referred to the mental health clinic in Friedberg for evaluation of a possible bipolar disorder. An 18 August 2003 medical evaluation reported she had depressive symptoms with a history of manic episodes.
5. The applicant was given a permanent physical profile for bipolar disorder and considered non-deployable on 5 November 2003.
6. During a 10 December 2003 MEB the applicant reported a history of mood disturbance dating back to age 12, significant depressive episodes dated from 1995, and manic episodes since age 16. She reported that her mother had committed suicide and was diagnosed with schizophrenia or schizoaffective disorder. She was diagnosed as suffering from bipolar disorder and referred to a PEB. The MEB indicated her condition had a 1995 date of origin, was incurred while entitled to basic pay, did not exist prior to service, and was permanently aggravated by service.
7. On 23 January 2004, a PEB reviewed the applicant's case and found her unfit for duty due to a bipolar disorder. It determined her condition preexisted her entry onto active duty, had not been incurred while entitled to basic pay, and was not incurred in the line of duty or as a proximate result of performing duty. The PEB recommended the applicant's separation from the service without disability benefits. On 9 February 2004, the applicant concurred with the PEB findings.
8. The applicant was honorably discharged on 18 April 2004 with a total of 3 years, 5 months, and 15 days of active service and 11 years, 4 months, and 15 days of inactive service. Her narrative reason for separation is shown as "disability, existed prior to service, PEB," by authority of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph
4-24b(4).
DISCUSSION AND CONCLUSIONS:
1. The applicant states she believes the PEB actions were erroneous and contrary to the findings of the MEB. She states there is nothing in her record to support a diagnosis of a bipolar disorder. She requests that her records show she completed her period of obligated service.
2. The applicant did not complete the period of obligated service for her last enlistment. As such it is not appropriate to show completion of required military service as the reason for separation.
3. Based on her own statements provided to military medical personnel, the applicant has been suffering from mood disturbances since age 12 with manic episodes since age 16. With her history of mood disturbances, dating from well before her 2002 enlistment, the MEB determination that her condition had its onset while she was entitled to basic pay was clearly erroneous and the PEB determinations were and are appropriate. As such, no relief is warranted.
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) AR20110005435
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110005435
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
AF | BCMR | CY2005 | BC-2004-02986
The Informal Physical Evaluation Board (IPEB) was convened on 22 March 1990 and concluded her condition, Bipolar Disorder, manic, moderate, acute, with considerable impairment of social and industrial adaptability, existed prior to service without service aggravation and recommended the applicant be discharged with severance pay. _________________________________________________________________ AIR FORCE EVALUATION: The BCMR Medical Consultant states that evidence of the record indicates...
ARMY | BCMR | CY2012 | 20120011839
The applicant provides: * DA Form 199 (PEB Proceedings), dated 12 January 2005 * Letter from the VA Maryland Health Care System * DA Form 3947 (MEB Proceedings) * Waiver of Rights to Election, dated 14 February 2005 * Letter from the U.S. Army Physical Disability Agency (USAPDA), dated 12 January 2005 * Letter from the PEBLO, dated 4 January 2005 * Walter Reed Army Medical Center (WRAMC) Psychiatric TDRL Evaluation, dated 27 December 2004 * WRAMC Neurology Clinic TDRL Examination,...
ARMY | BCMR | CY2002 | 2002075283C070403
On 8 October 1998, an Air Force Medical Evaluation Board (MEB) found the applicant to be unfit for duty due to bipolar I disorder and recommended she be referred to the Army reviewing authority for disposition. The evidence of record shows the applicant was placed on the TDRL due to bipolar I disorder and subsequently determined to be physically unfit due to bipolar I disorder requiring psychiatric treatment that effectively managed her symptoms. Therefore, it appears that the Article 15...
ARMY | BCMR | CY2010 | 20100029652
The PEB rated the applicant 30-percent disabled for bipolar 1 disorder and recommended that he be permanently retired for disability. In the processing of this case, an advisory opinion was obtained from the U.S. Army Physical Disability Agency (USAPDA) which states: * an MEB diagnosed the applicant with bipolar I disorder characterized as "definite" and "marked" for industrial impairment * although symptoms became noticeable while he was deployed, there is no evidence to suggest combat...
ARMY | BCMR | CY2002 | 2002070718C070402
On 22 September 2000 the applicant’s squad leader counseled him concerning his performance, stating that he had not improved since being diagnosed with bipolar disorder, and that it would be in his and the Army’s best interest that he be separated because of his personality disorder. On 23 October 2000 the applicant’s commanding officer notified the applicant that he was initiating action to separate him from the Army for a personality disorder under the provisions of Army Regulation...
AF | BCMR | CY2003 | BC-2002-03406
It was recommended that he be placed on the TDRL with a disability rating of 30%. There is no information provided that indicates that his condition was not completely controlled with medication and has not stabilized after the Apr 02 episode. In the applicant’s case, the IPEB determined a zero percent rating was appropriate due to his full remission on medicated state at the time of his reevaluation.
AF | PDBR | CY2011 | PD2011-00005
At the time of the MEB psychiatric exam, the CI was on medications for depression, anxiety and manic symptoms. The Axis I diagnoses were bipolar I disorder (most recent episode manic, severe with psychotic features); anxiety disorder, NOS and gender identity disorder. Other Conditions.
AF | PDBR | CY2013 | PD-2013-01338
On admission the CI reported worsening depression and anxiety symptoms, auditory hallucinations of people calling her name and anger episodes involving hurting herself, though she denied SI or homicidal ideation (HI). BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The Board did not...
AF | PDBR | CY2014 | PD-2014-00553
The Board gives consideration to VA evidence,particularly within 12 months of separation, but only to the extent that it reasonably reflects the severity of the disability at the time of separation. RATING COMPARISON : Service IPEB – Dated 20040116VA* -based on Service Treatment Records (STR)ConditionCodeRatingConditionCodeRatingExam Bipolar Disorder943210%Bipolar Disorder943210%STROther x 0 (Not in Scope)Other x 16 (Not in Scope) Combined: 10%Combined: 40% *Derived from VA Rating Decision...
ARMY | BCMR | CY2014 | 20140007368
After a comprehensive review of the applicants case, the SRP recommended by unanimous vote that the applicant's records should be corrected to reflect that her bipolar disorder condition was found unfitting, compensable, and ratable and was rated at 30 percent upon Temporary Disability Retired List (TDRL) entry with a combined disability rating of 50 percent; and upon final disposition, a permanent rating of 70 percent for the bipolar disorder condition with a combined disability rating of...