BOARD DATE:	  6 December 2012

		DOCKET NUMBER:  AR20120009864 


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, in effect, a change of her authority and narrative reason for separation.  She also requests a medical discharge/retirement.  

2.  The applicant states she was not evaluated or seen by an Army doctor and her paperwork, including the DD Form 214 (Certificate of Release or Discharge from Active Duty), looks like it was thrown together.  

3.  The applicant provides a Department of Veterans Affairs Rating Decision and military medical treatment records in support of her request.  

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 
29 December 2005.  The record shows she was trained in and awarded military occupational specialty (MOS) 25Q (Multichannel Transportation Operator).  It also shows she was advanced to private first class (PFC)/E-3 on 1 October 2006 and that this is the highest grade she attained and held while on active duty.  

3.  The applicant’s record is void of medical treatment records showing she suffered from a disabling mental or physical condition that warranted separation processing through medical channels.  

4.  The Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, contains case files for approved separations that show, on 30 July 2007, the applicant’s unit commander notified her that action was being initiated to separate her under the provisions of paragraph 5-13, Army Regulation 635-200 (Personnel Separations), by reason of personality disorder.  The unit commander cited the applicant’s diagnosed personality disorder as the basis for taking the action.   

5.  On 30 July 2007, the applicant acknowledged receipt of the separation notification action from her commander and consulted with legal counsel.  Legal counsel advised the applicant of the basis for the contemplated separation action, its effects, and of the rights available to her in connection with the action.  Subsequent to receiving this legal counsel, the applicant completed an election of rights in which she waived her right to consulting counsel and elected not to submit statements in her own behalf.   

6.  The unit commander submitted the separation recommendation on 30 July 2007, which indicated that a mental status evaluation or psychiatric report was attached.  The separation authority approved the applicant’s separation under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder and directed that her service be characterized as honorable.  On 21 August 2007, the applicant was discharged accordingly.  The DD Form 214 she was issued shows she completed a total of 1 year, 7 months, and
28 days of active military service.  

7.  The applicant provides a VA Rating Decision, dated 4 February 2011, in which she was denied service connection for Post Traumatic Stress Disorder (PTSD).  This decision shows the applicant’s medical treatment records for the period between 29 December 2005 and 21 August 2007 were used in arriving at their decision.  This rating decision indicates that service medical records for the applicant failed to show any complaint of PTSD; however, based on the applicant’s service in Iraq, the VA completed a psychiatric examination to determine if the applicant met the criteria for a PTSD diagnosis.  
8.  The VA Rating Decision provided by the applicant shows that a 16 December 2010 VA examination did not provide a PTSD diagnosis and as a result service connection for PTSD was denied.  The service medical treatment records provided by the applicant contain a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 19 March 2006, which shows the applicant was diagnosed with an adjustment disorder.  An SF 600, dated 17 May 2007, documenting a psychiatric observation contains the examining physician’s psychiatric assessment that the applicant did not have a mental illness that rendered her medically unfit for military service and did not require further mental health care at the time.  

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the policies and procedures for enlisted administrative separations from active duty.  Paragraph 5-13 provides for the separation of members by reason of personality disorder (not amounting to disability) that interferes with assignment or with performance of duty, when so disposed as indicated in a, below.

10.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (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/her office, grade, rank, or rating.  It stipulates that in each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating.  Separation by reason of disability requires processing through the PDES.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for a medical discharge or retirement has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record is void of medical treatment records that show the applicant was suffering from a disabling physical or mental condition that would have warranted separation processing through medical channels at the time of discharge.  The fact she was not medically unfit for further service at the time is further supported an SF 600 she provided with her application, which contains a psychiatric assessment dated 17 May 2007 that confirms she suffered from no mental illness that rendered her unfit for further service.  It is further supported by a VA Rating Decision, which confirms there was no PTSD diagnosis even 3 years later.  
3.  The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation.  Absent any evidence of error or injustice in the separation process, there is an insufficient evidentiary basis to support granting 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)                                         AR20120009864



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ABCMR Record of Proceedings (cont)                                         AR20120009864



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