IN THE CASE OF:	  

		BOARD DATE:	    8 May 2012

		DOCKET NUMBER:  AR20110019768 

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 to change his reentry eligibility (RE) Code of "3" to an RE Code of "1" and to change or delete the separation code "JFW."   

2.  He states he was completely misdiagnosed by the Army.  He is not bipolar and he does not have any medical history of attention deficit disorder (ADD), attention deficit hyperactivity disorder (ADHD) or obsessive compulsive disorder (OCD). 

3.  He provides:

* A psychiatric assessment
* A letter from his primary care provider
* Two letters of support

CONSIDERATION OF EVIDENCE:

1.  His military personnel records contain a DD Form 2807-1 (Report of Medical History) and a DD Form 2808 (Report of Medical Examination), both dated 
11 April 2011.  The applicant did not note he had any psychological or mental conditions and as a result, he was cleared for enlistment in the U.S. Army Reserve (USAR). 

2.  Accordingly, he enlisted in the USAR on the same day.  On 5 July 2011, he entered active duty for training and reported for Basic Combat Training (BCT) at Fort Jackson, SC. 
3.  The applicant's records contain a copy of a DA Form 4707 (Entrance Physical Standards Board [EPSBD] Proceedings), dated 26 July 2011.  This document shows the applicant was admitted to 7 West Inpatient Psychiatry from Community Mental Health Services (CMHS) secondary to manic symptoms. According to the CMHS psychiatrist who assessed him for admission, the applicant's battle buddy reported that he had been "talking nonstop" for the past 3 days.  The applicant reported a history of ADHD and OCD, and stated that "I've always been that way."  Upon admission, he continued to exhibit pressured speech, flight of ideas, grandiosity and tangential thought process.  When asked about the reason for admission, he stated that he "talks too fast.  I'm 17 years old and this is most energy I'm going to have in my entire life." 

4.  The applicant also reported that he has had increased energy and had been "fast" all of his life.  He also reported sleeping about 4 hours each night and being fully rested afterward.  He states he slept about 7 hours the night before and felt slowed down as a result.  He added that his brain does not ever completely slow down.  He noted that he was told by CMHS that he was "manic depressive" and if so, he was born that way because he had been that way all his life.  The applicant denied having any prior psychiatric treatment.

5.  The Objective Findings show he was alert and oriented to person, place, and time.  He was pleasant and cooperative and his eye contact was fair.  His speech was at a normal rate and tone with no psychomotor retardation or agitation noted.  His mood and affect were elevated and his thought process was tangential.  He exhibited flight of ideas and denied any suicidal or homicidal ideations.  No psychosis was noted and his insight and judgment were limited.

6.  The applicant was diagnosed with bipolar disorder, type I, most recent episode manic.  The board determined he was unable to complete mandatory training and therefore, did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-27d(2) current mood disorders including, but not limited to, major depression, bipolar, affective psychoses, and depressive not otherwise specified.  He also displayed a history of symptoms consistent with a mood disorder of a repeated nature that impairs school, social, or work.  

7.  The board listed his condition as Existed Prior to Service (EPTS) which was not permanently service aggravated.  The findings of the EPSBD were approved by the medical approving authority on 26 July 2011.  The applicant concurred with the proceedings and requested discharge without delay.


8.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 5 August 2011, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, for failing medical/physical/ procurement standards, with an uncharacterized characterization of service.  He was issued a separation program designator (SPD) code of "JFW" and an RE Code of "3."

9.  The applicant provided a psychiatric assessment, dated 24 September 2011.  The psychiatrist stated that the applicant explained he had problems of dehydration and/or rhabdomyolsis (release of muscle fiber contents (myoglobin) into the bloodstream) while in BCT which could have led to his mood disturbances.  The doctor diagnosed him with a remitted mood disorder secondary to dehydration and/or rhabdomyolsis.  He was noted to be psychiatrically and medically stable and not to have any mental health issues.  The applicant was also vibrant and optimistic about life with a strong family support system.  He works as a teacher and enjoys helping his family and community.  The psychiatrist endorsed the applicant returning to military duty.  

10.  He provided a letter from his primary care provider which states the applicant has never been diagnosed with any mental illness or challenges.  There is no indication or noted documentation of any psychiatric issues.  The applicant's medical chart shows no documented history of any bipolar disorder, depression, psychosis, etc.  It is his best medical opinion that the applicant is sane and capable of completing any and all military duties.

11.  Two letters of support from the athletic director and head football coach and from the defensive coordinator and power lifting coach show some the following comments:

* He has known the applicant since he was in the 7th grade
* He has always treated people with great respect and goes beyond the call of duty to accomplish his goals
* He is a disciplined, conscientious and a hard working young man
* He always has a positive attitude and his determination is outstanding
* He demonstrates strong leadership skills, loyalty to his team mates
* He has good work ethics
* He has a positive attitude
* He can always be counted on 
* He possesses great qualities that deserve to serve and protect the country
* He would definitely be an asset to the U.S Army

12.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty, active duty for training, or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate
medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3.  The characterization of service for Soldiers separated under this provision will normally be honorable, but will be uncharacterized if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

13.  Army Regulation 40-501 governs medical fitness standards for induction, enlistment, appointment, retention, separation, retirement, officer procurement programs and related policies and procedures.  Paragraph 2-27d(2) pertains to current mood disorders that are disqualifying for enlistment including, but not limited to, major depression, bipolar, affective psychoses, and depressive not otherwise specified.  

14.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation), chapter 5, provides that if a Soldier is processed for failure to meet procurement medical fitness standards within the first six months of entry on active duty and the condition existed prior to the term of service, then the Soldier will be discharged in an entry level status with uncharacterized service.

15.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  

16.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.  

17.  Army Regulation 635-5-1 (SPD Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator (SPD) "JFW" as shown on the applicant’s DD Form 214 specifies the narrative reason for discharge as "Failure to Meet Procurement Medical Fitness Standards" and that the authority for discharge under this SPD is "Army Regulation 635-200, paragraph 5-11."

18.  The SPD/RE Code Cross Reference Table, dated March 2001, provides instructions for determining the RE code for Active Army Soldiers and Reserve Component Soldiers.  It also shows the SPD code with a corresponding RE code and states that more than one RE code could apply.  The Soldier’s file and other pertinent documents must be reviewed in order to make a final determination.  The SPD code of "JFW" has a corresponding RE code of "3."

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that, while attending BCT, the applicant was diagnosed as having bipolar disorder.  He appeared before an EPSBD which determined that he did not meet medical fitness standards for enlistment or induction under the provisions of Army Regulation 40-501.  His condition was listed as EPTS, which was not permanently aggravated by service.  

2.  While Soldiers enter active duty with existing medical conditions, many of them successfully complete their initial entry training.  Unfortunately, some are unable to complete their training because the rigor of BCT is too strenuous to complete with the medical condition.  Since there are Soldiers who cannot complete their training, they must be discharged.

3.  The letters written in support of the applicant by his psychiatrist and primary care provider were also considered; however, he was found unfit for military service by a medical board after his entry on active duty because he exhibited manic behavior to which he noted that if he was manic depressive, he was born that way because he has acted in this manner all his life.  The applicant concurred with that finding and requested discharge without delay.

4.  Accordingly, he was discharged under the provisions of Army Regulation 
635-200, paragraph 5-11, for failure to meet medical fitness standards with his service uncharacterized.  He was given an SPD Code of "JFW" and an RE Code of "3." 

5.  The applicant's separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.  The type of discharge directed and the reasons for that separation were appropriate considering all of the facts of the case.

6.  It is apparent that the applicant wishes to reenter military service; however, it is his understanding that an RE Code of "3" prevents him from reenlisting.  The applicant is advised that, although no change is being recommended to his RE Code, this does not mean that he is disqualified from reentry into the U.S. Army as the RE-3 code he was assigned is waivable.  If the applicant still desires to enlist in the U.S. Army, he should contact a local Army recruiter to determine his eligibility and/or request assistance in processing a waiver through appropriate administrative channels to enter the U.S. Army.  Those individuals can best advise a prior service member as to the needs of the U.S. Army and are required to process waivers of RE codes; however, he is advised that he must meet enlistment or induction standards of Army Regulation 40-501 to qualify for service.

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)                                         AR20110019768





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ABCMR Record of Proceedings (cont)                                         AR20110019768



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