IN THE CASE OF:	

		BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023804 


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) to show "disability" vice "condition, not a disability." 

2.  The applicant states he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions), for medical reasons.  His DD Form 214 should show he was discharged for a disability because he has medical records that show he had several medical conditions that determined he was unfit for the Army, such as plantar fasciitis, lower back pain, and knee and ankle pain.

3.  The applicant provides:

* DD Form 214
* DD Form 2870 (Authorization for Disclosure of Medical or Dental Information), dated 27 October 2010
* Sixty-one pages of medical treatment records, dated from 11 May to 19 November 2010
* Two DD Forms 2807-1 (Report of Medical History), dated 3 June 2009 and 28 September 2010
* DD Form 2807-2 (Medical Prescreen of - Medical History Report), dated 1 June 2009

* DD Form 2697 (Report of Medical Assessment), dated 28 September 2010
* DD Form 2808 (Report of Medical Examination), dated 13 October 2010

CONSIDERATION OF EVIDENCE:

1.  In conjunction with his enlistment in the Regular Army (RA), the applicant completed a DD Form 2807-2 on 1 June 2009 wherein he indicated he did not have and never had any recurrent neck or back pain; any limitation of motion of any joint, including knee, shoulder, wrist, elbow, wrists; a shoulder, knee, or elbow problem; any arthritis; and was not on any medication.

2.  On 3 June 2009, he completed DD Form 2807-1 wherein he indicated he did not have and never had any arthritis, recurrent back pain or any back problem, foot trouble, knee trouble, or swollen or painful joints, and was in good health.  The reviewing physician stated the applicant denied any significant medical history.

3.  The applicant's records show he enlisted in the RA on 2 November 2009 and he held military occupational specialty 92Y (Unit Supply Specialist).  He was assigned to the Brigade Special Troops Battalion, 2nd Brigade Combat Team, Fort Riley, KS, on 7 May 2010.

4.  A DA Form 3349 (Physical Profile), dated 2 August 2010, shows he was given a temporary profile that expired on 11 September 2010.  The profile indicated he was not able to move at least two miles with a fighting load and was able to walk at his own pace and distance as tolerated by pain.  

5.  A DA Form 4856 (Developmental Counseling Form), dated 24 September 2010, shows he was counseled on that date by his supervisor, a sergeant first class (SFC).  The SFC stated the applicant did not have a profile that prevented him from deploying, that he had gone on sick call several times to try and get a profile, and when asked about his physical and mental condition the applicant had stated he did not want to deploy because he was not ready mentally or physically and that he wanted to get out of the Army under paragraph 5-17.  

6.  On 30 September 2010, he underwent a mental health evaluation at Irwin Army Community Hospital (IACH), Fort Riley, KS.  The evaluation was done at the request of his commander who stated he was considering the applicant for separation from the Army under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.

7.  The examining psychologist stated the applicant had an "adjustment disorder," did not have a psychiatric condition that warranted disposition through medical channels, met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), and did not require a medical board.  He psychiatrically cleared the applicant for any administrative action as deemed appropriate.  He also stated, "Emotionally and behaviorally disabled Soldiers are at high risk to continue to engage in self-destructive and disruptive behaviors.  Command is advised to consider an expeditious separation to be in the best interest of the Soldier and the unit.  Continued military service would keep him at risk and continue to be a burden to the unit."

8.  On 19 November 2010, he underwent a second mental health evaluation at IACH.  The examining psychologist diagnosed the applicant with an "adjustment disorder with anxiety," and "back problems, flat feet, ankle pain, and knee pain as reported by the Soldier."  He stated the applicant did not have a psychiatric condition that warranted disposition through medical channels, met the retention requirements of Army Regulation 40-501, and did not require a medical board. 

9.  The examining psychologist further stated the applicant said he very much wanted to get out of the Army because he was very stressed out, took medication for his anxiety, and had trouble sleeping because of lower back pain.  The applicant also stated he wanted to get out of the Army and resume his previous occupation as a realtor.  

10.  The examining psychologist cleared the applicant for any administrative action the command deemed appropriate.  He also stated, "The Soldier's present emotional and/or behavioral dysfunction is of such a severity that his ability to perform military duties is significantly impaired…and the Soldier's condition will not respond to rehabilitation or treatment methods currently available within any military mental health facility."

11.  26 January 2011, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200, paragraph 5-17, for other designated physical or mental conditions.  The specific reason noted was the applicant's diagnosis of adjustment disorder with anxiety.

12.  On 28 January 2011, he acknowledged notification of his proposed discharge from the Army.  He subsequently consulted with legal counsel and he was advised of the basis for the contemplated separation from the Army, the effect on future enlistment in the Army, and of the procedures and rights that were available to him.  He declined to submit a statement on his own behalf.

13.  On 15 February 2011, the separation authority approved his discharge under Army Regulation 635-200, paragraph 5-17, and directed issuance of an Honorable Discharge Certificate.  On 17 February 2011, he was discharged accordingly.

14.  The DD Form 214 he was issued confirms he was discharged by reason of a condition – not a disability under the provisions of Army Regulation 635-200, paragraph 5-17, with an honorable characterization of service and a separation code of JFV.  He completed 1 year, 3 months, and 16 days of creditable active service.

15.  The applicant provides:

	a.  Medical records that show, in pertinent part, that he was treated at IACH on several occasions between 3 June and 7 October 2010, for complaints of dizziness and fatigue, foot and back pain, and depression and anxiety.

	b.  DD Form 2697, dated 28 September 2010, wherein he indicated he had seen a podiatrist for foot problems and a chiropractor for his back.  He also stated his foot and back problems prevented him from walking and standing for long periods of time.

	c.  DD Form 2807-1, dated 28 September 2010, wherein he indicated that he had previously had or currently had recurrent back pain or any back problem, foot trouble, swollen or painful joints, knee trouble, frequent indigestion or heartburn, and was not currently in good health.  He stated he was currently being seen by a chiropractor for back pain caused by flat feet, had been diagnosed with flat feet, and his ankles and knees hurt as a result of flat feet.  He also stated he felt his current health was not good because he was in constant pain.  

	d.  DD Form 2808, dated 13 October 2010, that shows he was diagnosed with plantar fasciitis, and low back pain.

16.  Army Regulation 635-200 sets forth the basic policy for the separation of enlisted personnel.  Paragraph 5-17 states that commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.  Members may be separated for physical or mental conditions not amounting to disability sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  

17.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states medical evaluation boards (MEB) 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 qualification for retention based on the criteria in Army Regulation 40-501, chapter 3.

18.  Army Regulation 40-501, paragraph 3-36, states an adjustment disorder does not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causes interference with military duty.

19.  Paragraph 3-1 of Army Regulation 635-40 provides that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade, or rating.  The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before that service member can be medically separated or retired.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was diagnosed with an adjustment disorder with anxiety, a condition not amounting to disability that was sufficiently severe enough to impair his ability to effectively perform his military duties.  Therefore, separation action was initiated against him under the provisions of Army Regulation 635-200, paragraph 5-17, for a mental condition that interfered with his assignment and performance of duty.

2.  Although he was seen for foot and back pain between June and October 2010, there is no evidence in his record and he did not provide any evidence to show his foot condition or any other medical condition warranted a referral to an MEB.  The mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.

3.  All requirements of the law and regulations were met and the rights of the applicant were fully protected throughout the separation process. His narrative reason for separation was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, paragraph 5-17, due to an adjustment disorder.  His narrative reason for separation is correctly shown on his DD Form 214.  Therefore, 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)                                         AR20110023804





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ABCMR Record of Proceedings (cont)                                         AR20110023804



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