IN THE CASE OF:	  

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20120022357 


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 a change of the narrative reason for his separation from substandard performance to medical reasons.

2.  The applicant states during the performance of his duties he developed severe medical symptoms that were exacerbated due to a hostile environment.

3.  The applicant provides:

* self-authored statements
* a copy of his medical records
* evidence marked as "Evidence Parts 1-5"
* numerous documents pertaining to his Army Regulation 15-6 (Procedures for Investigating Officers and Boards of Officers ) investigation
* DD Form 214 (Certificate of Release or Discharge from Active Duty) 

CONSIDERATION OF EVIDENCE:

1.  On 2 January 2009, the applicant was appointed as an officer in the Regular Army, Medical Service Corps, in the rank/grade of captain (CPT)/O-3.

2.  On 3 May 2010, the applicant's commander submitted a request to the commanding general requiring the applicant to show cause for retention on active duty under the provisions of Army Regulation 600-8-24 (Officer Transfers 


and Discharges) due to substandard duty performance, moral and professional dereliction, misconduct, and conduct unbecoming an officer and gentleman.

3.  On 5 May 2010, the applicant acknowledged the notification referring him to show cause for retention on active duty.

4.  The Department of the Army Ad Hoc Review Board reviewed the applicant's probationary officer elimination case and found he had committed acts of misconduct and moral or professional dereliction and substandard performance of duty and recommended his elimination be accepted with the issuance of an honorable discharge.

5.  On 16 February 2011, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed the applicant's discharge with an honorable characterization of service.

6.  On 19 March 2011, he was discharged accordingly.  He completed 2 years,
2 months, and 16 days of creditable active service.  The DD Form 214 he was issued shows in:

* item 25 (Separation Authority) the entry "Army Regulation 600-8-24, paragraph 4-2A"
* item 26 (Separation Code) the entry "JHK"
* item 28 (Narrative Reason for Separation) the entry "Substandard Performance"

7.  The applicant provides what appears to be a complete copy of his medical records.  Although he was diagnosed and treated for various maladies (Diabetes, Acute Obstructive Sleep Disorder, Hypertrophic Cardiomyopathy, Sinusitis, etc.) these records are void of any evidence and he did not provide any evidence that shows he suffered from any unfitting medical condition during his period of service.  In fact, his DD Form 2697 (Report of Medical Assessment) dated
11 March 2011 and completed in conjunction with his impending separation shows that although he was diagnosed with various maladies throughout his service, he was not referred for further evaluation.  In addition, when questioned if he had any conditions that currently limit his ability to work in his primary area of concentration (AOC) or require geographic or assignment limitations, he responded in the negative.

8.  On 22 March 2012, the applicant applied to the Army Discharge Review Board (ADRB) to change the narrative reason of his separation.  On
10 September 2012, after careful review of his application, military records, and all other available evidence, the ADRB determined he was properly and equitably discharged and denied his request for a change in the reason for his discharge.

9.  Army Regulation 600-8-24 sets forth the basic authority for officer transfers and discharges.  Chapter 4 outlines the policy and procedures for eliminating an officer from the Army for substandard performance of duty, misconduct, moral or professional dereliction, or in the interest of national security.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD)) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code JHK is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 600-8-24, paragraph 4-1a, by reason of substandard performance.

11.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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 or her office, grade, rank, or rating.  If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.

	a.  The above regulation states 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 Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating against medical retention qualification standards established in Army Regulation 40-501 (Standards of Medical Fitness).

	b.  Soldiers must be referred to the PDES.  If a treating physician believes a Soldier is unable to perform full military duty or is unlikely to be able to do so within a reasonable period of time – normally 12 months – the Soldier is referred to a medical evaluation board (MEB) at the medical treatment facility where treatment is being provided.  The MEB is an informal process comprised of at least two physicians who compile, assess, and evaluate the medical history of a Soldier and determine if the Soldier meets or will meet retention standards.  If the Soldier meets retention standards, the Soldier is returned to duty in his/her respective or current military occupational specialty.  If the Soldier does not meet 


retention standards, the case will be referred to a physical evaluation board for further disposition and determination of fitness.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully considered; however, the evidence of record fails to support his request to correct his record by changing the narrative reason for his separation from substandard performance to medical reasons.

2.  The applicant provides medical records showing he was diagnosed and treated for various maladies throughout his service; however, these records are void of any evidence and he has not provided any evidence that shows he suffered from an unfitting medical condition that was of such a degree to warrant referral to the PDES.

3.  In the absence of evidence showing he was found medically unfit prior to his discharge from service, there is no basis for changing the narrative reason for his separation recorded on his DD Form 214.

4.  The record shows all requirements of law and regulation were met and his rights were fully protected throughout the separation process.

5.  In view of the foregoing, 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 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)                                         AR20120022357



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ABCMR Record of Proceedings (cont)                                         AR20120022357



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