IN THE CASE OF:	  

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130008172 


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 his records to show his character of service as "honorable" in lieu of "uncharacterized" and the reason for his discharge as "medical"; in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was discharged by reason of physical disability.

2.  The applicant states he did not complete basic combat training due to being diagnosed with bipolar disorder.  He states he needs his records corrected to receive veterans' benefits for college courses.

3.  The applicant provides:

* DD Form 214
* Standard Form 180 (Request Pertaining to Military Records)
* Optional Form 275 (Medical Record Report)
* Mental Status Evaluation
* DA Forms 4856 (Developmental Counseling Form)

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 underwent an enlistment physical at the Boston Military Entrance Processing Station on 21 April 2003.  He answered in the negative to all medical history questions related to prior injuries, illnesses, disease, or surgeries.

3.  He enlisted in the Regular Army on 5 August 2003.  He was subsequently assigned to Company B, 1st Battalion, 46th Infantry, Fort Knox, KY, for training.

4.  During the first month of training, the applicant was command-referred to the Behavioral Health Clinic after exhibiting manic behavior.  His Optional Form 275 narrative summary shows:

	a.  He was initially command-referred to the Department of Behavioral Health, Fort Knox, KY, on 22 May 2003 after being involved in a verbal altercation with his drill sergeant.  He stated the drill sergeant was loud and abusive to him and he did not like this treatment so he was loud and abusive back to the drill sergeant.  He alleged that he was made fun of by the drill sergeant so he made fun of the drill sergeant in front of the other trainees.  He threatened to beat up the drill sergeant and stated, "I dare him to lay a hand on me."  He further stated that he threatened to "go Columbine" (referring to the tragic school shooting) on the drill sergeant and everybody else if they pissed him off again.  He admitted to having been feeling "very good and having way too much energy."  He admitted to having very little sleep recently, experiencing racing thoughts, rapid speech, and problems concentrating.

	b.  He further admitted to a chronic history of emotional problems having been diagnosed with attention deficit hyperactivity disorder as a child and treated with Ritalin (methylphenidate) and later diagnosed with bipolar disorder at age 16, receiving treatment with multiple psychiatric medications to include lithium, Depakote (divalproex sodium), Tegretol (carbamazepine), and Zyprexa (olanzapine).  He admitted that he did not believe he had a mental illness and he was poorly compliant with his medications.  He further admitted to having significant legal problems as an adolescent, to include having been charged with assault and battery with intent to kill and shoplifting.  His most recent medication treatments included Tegretol and Zyprexa and he admitted to stopping his medications just prior to joining the Army.

	c.  At the time of his initial evaluation at the Department of Behavioral Health Clinic on 22 August 2003, he was clearly displaying manic behaviors and symptomatology and was subsequently admitted to the psychiatry service at the Department of Veterans Affairs Hospital, Louisville, KY, for acute stabilization and further evaluation/treatment.  He was restarted on his medications and gained general resolution of his manic-presenting symptoms.  He was discharged for reevaluation at the Fort Knox Department of Behavioral Health Clinic on 3 September 2003.  He was determined to be unfit for military service and recommended for transfer to the holding company to await medical evaluation board separation.  He would be provided weekly outpatient psychiatric follow-up care until the time of separation.  He was diagnosed as follows:

* Axis I – bipolar disorder, most recent episode manic, without psychotic features, existed prior to service (EPTS)
* Axis II – antisocial personality traits
* Axis III – no diagnosis

	d.  At the time of his initial presentation, he presented alert and oriented in all spheres despite significant psychomotor agitation and provided no eye contact with the interviewer.  He had rapid thought processes that were greatly pretentious and grandiose.  His speech was rapid and pressured.  His mood was described as "okay" with an expansive affect.  He denied current hallucinations and delusions or suicidal or homicidal ideations.  His judgment was considered fair to poor and his insight was very limited.

	e.  The evaluator recommended that he was medically unacceptable for service in the Army in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 2, paragraph 2-28.  He met the criteria for bipolar I disorder.  The evaluator recommended his medical separation for a condition which existed prior to service.  A waiver was not recommended.

5.  On 22 September 2003, the medical approving authority approved the findings shown on the DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) as stated/diagnosed by the medical doctors and stated on his narrative summary.

6.  On 30 September 2003, the applicant's EPSBD Proceedings were forwarded to the applicant's unit for appropriate action in accordance with of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 
paragraph 5-11.

7.  On 2 October 2003, the applicant acknowledged he understood that legal advice of an attorney employed by the Army was available to him and that he also could consult with a civilian counsel at his own expense.  He also acknowledged that he could request to be discharged from the Army without delay or request retention on active duty.  After counseling, the applicant concurred with the proceedings and requested to be discharged from the Army without delay.

8.  On 3 October 2003, the unit commander recommended the applicant's separation.

9.  On 6 October 2003, the discharge authority approved the applicant's separation from the Army under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards.

10.  The applicant was discharged accordingly on 15 October 2003.  He completed a total of 2 months and 11 days of creditable active service.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-11.  The narrative reason for separation shows "FAILED MEDICAL/PHYSICAL PROCUREMENT STANDARDS" and his service was uncharacterized.

11.  Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who are 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 conducted by an EPSBD, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at the time of enlistment, 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 service prior to the initiation of separation action.

	a.  An uncharacterized separation is an entry-level separation.  A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized by the reason for separation and is warranted by the circumstances of the case or when the Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

12.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states that according to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service.  Examples are manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service.  

13.  Army Regulation 40-501 governs medical fitness standards for enlistment, induction, appointment, retention, and separation.  Chapter 2 provides the physical standards for enlistment/induction.  Paragraph 2-26 refers to neurological disorders and paragraph 2-27 refers to behavioral disorders, both of which may result in failure of procurement standards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected from uncharacterized to an honorable/medical discharge.  He confuses the character of service with the narrative reason for separation.  The characterization or description of service is determined by directives authorizing separation.  It can be honorable, under honorable conditions (general), under other than honorable conditions, bad conduct, dishonorable, or uncharacterized.  The narrative reason for separation is based on the regulatory or statutory authority.

2.  The evidence of record shows medical authorities determined that he suffered from a disqualifying medical condition that existed prior to service immediately after reporting for initial active duty for training.  According to accepted medical principles, the manifestation of a chronic disease from the date of entry into active military service (or so close to that date of entry that the disease could not have started in so short a period) is accepted as proof that the disease existed prior to entrance into active military service.

3.  Consequently, his records were evaluated by an EPSBD that found him medically unfit for a condition that was neither incurred in nor aggravated by his active service.  There was compelling evidence to support a finding that he had a preexisting condition.  Accordingly, the EPSBD recommended his separation.

4.  He was counseled and advised of his rights.  He elected a discharge from the Army without delay.  All his rights were fully protected throughout the separation process.  Since he did not sustain a medical illness or injury that rendered him medically unfit while entitled to basic pay, he did not qualify for a medical separation.

5.  As for the characterization of his service, a member's service is under review during the first 180 days of continuous active military service.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant a discharge under other than honorable conditions.  An honorable characterization may be issued only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.

6.  In all other circumstances, an entry-level (uncharacterized) separation is issued regardless of the reason for separation.  An uncharacterized discharge is neither positive nor negative; it is not derogatory.  It simply means the Soldier did not serve on active duty long enough for his or her service to be rated.

7.  There is no evidence in the available records and the applicant did not provide evidence to substantiate a change to his character of service or the reason for his discharge.  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 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)                                         AR20130008172



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ABCMR Record of Proceedings (cont)                                         AR20130008172



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