BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120017673 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the narrative reason for his separation as disability for post-traumatic stress disorder (PTSD) instead of a personality disorder.

2.  The applicant states he was diagnosed with PTSD, anxiety disorder, acute depression, and a traumatic brain injury (TBI) as a result of his combat-related injuries.  He was exposed to multiple improvised explosive device explosions and life-threatening trauma.  He is receiving service-connected disability compensation from the Department of Veterans Affairs (VA).  He wants his DD Form 214 to show his combat service injuries.

3.  The applicant provides:

* letter from the Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs)
* letter from the VA
* DA Form 638 (Recommendation for Award)
* Army Achievement Medal Certificate
* VA Rating Decision

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 records show he enlisted in the Regular Army on 27 November 2004 and he held military occupational specialty 13B (Cannon Crewmember).  He served in Iraq from 13 December 2005 to 2 December 2006.

3.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his records contain:

	a.  Orders 199-0688 issued by Headquarters, U.S. Army Installation Management Command, Fort Sill, OK, dated 18 July 2007, ordering his reassignment to the U.S. Army Transition Center effective 26 July 2007 for separation out-processing; and

	b.  a DD Form 214 that shows he was honorably discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) by reason of personality disorder.  He completed 2 years, 8 months, and 3 days of active service.  He was assigned the separation code "JFX."

4.  In connection with the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG) Director of Health Care Delivery, dated on 6 May 2013.  The OTSG official states:

	a.  The applicant has requested his reason for discharge be changed from personality disorder to combat service-related injuries.  He stated he was diagnosed with PTSD, acute depression, anxiety, and a TBI.  Conclusions for this advisory opinion are drawn solely based on available documentation from his time in active service unless otherwise noted.

	b.  On his Post-Deployment Health Assessment (PDHA) completed prior to redeployment, dated 7 November 2006, he endorsed seeing wounded, killed, or dead individuals; engagement in direct combat; and feeling in great danger of being killed.  At that time, he denied any post-traumatic stress symptoms.  On his Post-Deployment Health Reassessment (PDHRA), dated 15 May 2007, he responded "yes" to two of four post-traumatic stress screening questions, including having nightmares or thinking about the experience when he did not want to and trying hard not to think about the experience or going out of his way to avoid situations that reminded him of it.  He also endorsed some depressive symptoms and indicated he was interested in seeking help.  Referred to the Mental Health Clinic, the applicant attended an initial appointment and did not follow up as planned until referred again by the emergency department about 5 weeks later.  During the course of his treatment, the post-traumatic stress symptoms of re-experiencing and avoidance were not noted, though he did report sleep problems fairly consistently and exhibited irritability and anger as well as depressive and anxiety symptoms to various degrees.  His depressive and anxiety symptoms were reported to have developed upon discovering a projected upcoming deployment and, while he did not want to take medication, he was willing to take Zoloft with good results overall.

	c.  The applicant's reported symptoms were observed at times to be inconsistent and at times exaggerated.  He exhibited antisocial behaviors of deceitfulness (e.g., scooping water out of the toilet for a urine sample, telling his unit he was given permission by mental health providers to return to the barracks when they had not), failure to conform to social norms with respect to lawful behaviors (e.g., testing positive for drugs while deployed, suspended license), and consistent irresponsibility (e.g., traveling without a pass, serving as an E-4 then being demoted to E-2 just prior to discharge).  What is not clear in the record is the history of any of these types of behaviors prior to deployment or his Army service.  Diagnosed with an acute adjustment disorder and personality disorder not otherwise specified (NOS), he was apparently recommended for an administrative separation in accordance with Army Regulation 635-200, paragraph 5-13.  His DA Form 3822 (Report of Mental Status Evaluation) was not available for review; however, notes documented its completion.  PTSD was not diagnosed and, while not addressed specifically in the notes, it mentioned that the applicant reported being told he had PTSD by a civilian provider and later quoted him as saying, "I have PTSD," so it is reasonable to assume the psychologist assessed for PTSD.  Also, his PDHRA the month prior did not support a diagnosis of PTSD at that time.  Throughout treatment, the applicant carried a diagnosis of adjustment disorder with the exception of his next-to-last visit to the Mental Health Clinic when he received a diagnosis of mild single-episode major depression in partial remission and anxiety disorder NOS.  The provider commented the applicant was "still quite anxious at times."  The record does not reflect the reason the mental health provider changed the diagnosis to anxiety disorder NOS from adjustment disorder, and adjustment disorder appears to be the better diagnosis.

	d.  A review of his VA assessment 2 months post-discharge also added information.  At this visit, the applicant reported all the symptoms required to meet criteria for PTSD.  He further told the VA provider he was shot in the neck and suffered significant head trauma (i.e., loss of consciousness for over an hour one time and 30 minutes another) while deployed and received a Purple Heart. There is no record of treatment to support these claims. On his PDHA, he reported being seen once for sick call while deployed, which is noted in his record and not related to an injury.  He also reported his health stayed the same or got better during deployment, and award of the Purple Heart is not noted on his DD Form 214.  He was seen for chronic, recurring headaches on two occasions in June and July 2007 while serving on active duty.  Unfortunately, when they started and the possible causes were not noted, except one notation described it as a tension-related headache.  No mention is made of a TBI.  The VA record stated he reported having headaches starting on 13 December 2005 after sustaining loss of consciousness from a blast in Iraq (this is the date of his arrival in Iraq according to his deployment health assessments).  As one provider during his time in active service noted, it is difficult to know which symptoms the applicant experienced and it is also difficult to know which events he experienced.

	e.  While his documented behaviors are strongly suggestive of a personality disorder, the record does not clearly support the duration of behaviors by history needed to support that diagnosis.  An acute adjustment disorder appears to be the best diagnosis given the onset of anxiety and depressive symptoms following his learning of a projected deployment.  At the time of his discharge from active duty, the applicant did not appear to qualify for the diagnosis of PTSD.

5.  On 14 May 2013, the applicant was provided a copy of the OTSG advisory opinion to allow an opportunity to respond to or rebut its contents.  To date, he has not replied.

6.  Army Regulation 635-200 prescribes the policy for the administrative separation of enlisted personnel.  Paragraph 5-13 provides for separating members by reason of personality disorder (not amounting to disability) that interferes with assignment or with performance of duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change his narrative reason for separation has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his DD Form 214 confirms he was honorably discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of a personality disorder.  He was assigned the separation code "JFX."  In the absence of evidence to the contrary, it is presumed his separation processing was accomplished in accordance with the applicable regulation and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  It appears that his discharge was made based on a mental status evaluation that confirmed a diagnosis of personality disorder not amounting to disability which was made by proper medical authority.  The record is void of any indication that the applicant was suffering from PTSD at the time of his discharge.  As confirmed by the advisory opinion, there is insufficient medical evidence to support an unfitting PTSD finding at the time of his discharge.

4.  The applicant's DD Form 214 appropriately reflects that he was assigned the correct corresponding SPD code and narrative reason for separation based on the authority and reason for his separation.  Therefore, there is an insufficient evidentiary basis for granting the applicant's 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 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)                                         AR20120017673



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ABCMR Record of Proceedings (cont)                                         AR20120017673



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