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ARMY | BCMR | CY2013 | 20130013598
Original file (20130013598.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130013598 


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 the reentry (RE) and separation codes on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that, while serving in the military, he was misdiagnosed with Hypothyroidism by a physician's assistant.  He was prescribed Synthroid and his condition progressively deteriorated.

   a.  He states that he did not have the medical condition when he entered military service and he has never had a problem with his weight; he is 6 feet and 1 inch tall and he weighs 170 pounds.

   b.  After he was discharged he returned to the United Kingdom and stopped taking the medication.  He was told he did not have Hypothyroidism.  In addition, he recently visited the United States and laboratory (blood work) test results confirmed that he did not have Hypothyroidism.

3.  The applicant provides a copy of a letter and his laboratory test results.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 October 2010 for a period of 4 years and 18 weeks.

2.  On 24 January 2012, the applicant underwent a mental status evaluation.

   a.  The Clinical Psychologist, Behavioral Health (BH), Winn Army Community Hospital, Fort Stewart, GA, reported that the applicant first presented to BH with anxiety, sadness, restlessness, decreased concentration, sleep disturbance, appetite changes, and soothing himself by talking to himself.  He was diagnosed with Adjustment Disorder with Anxiety.

   b.  On 5 December 2011, he presented with increased depressed mood and was concurrently followed by his Primary Care provider for Hypothyroidism of which depressed mood can be a symptom.  The applicant's diagnosis changed to Adjustment Disorder with Anxiety and Depressed Mood.

   c.  He was admitted to the inpatient psychiatric unit (from 13 to 18 January 2012) after attempting suicide with an overdose of medication that he attributed to overwhelming occupational stressors.

   d.  The clinical psychologist recommended administrative separation of the applicant under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other designated physical or mental conditions).  

3.  A DD Form 2807-1 (Report of Medical History), prepared by the applicant on 17 February 2012 for the purpose of his separation processing, shows in:

   a.  item 11b (Thyroid trouble or goiter):   "Yes" and the entry, "diagnosed with Hypothyroidism"; and

   b.  item 20 (Have you ever been treated in an Emergency Room):  "broken nose, arm; Hypothyroid/Orthostesis Concussion?"

4.  A DD Form 2808 (Report of Medical Examination), completed on 17 February 2012 for the purpose of the applicant's s separation processing, shows the examining physician noted:

   a.  item 77 (Summary of Defects and Diagnoses):  "Hypothyroidism with Mood Disorder P-3" (Permanent Profile);

   b.  item 78 (Recommendations - Further Specialist Examinations Indicated): "Update profile, is on medication TSH" [Thyroid-stimulating hormone]; and

   c.  he indicated the applicant was qualified for service.

5.  On 27 March 2012, the applicant's commander notified the applicant of his intent to initiate separation action to discharge him under the provisions of Army Regulation 635-200, paragraph 5-17.  The reason for his proposed action was that the applicant was diagnosed with Adjustment Disorder with Anxiety and Depressed Mood.  The commander advised the applicant of his rights, the separation procedures involved, and that he was recommending that he be furnished an Honorable Discharge Certificate.

6.  The applicant acknowledged he had been provided the opportunity to consult with counsel concerning the basis for the contemplated separation action.

	a.  He waived consulting counsel and representation by military and/or civilian counsel.

   b.  He elected not to submit statements in his own behalf.

	c.  The applicant and consulting counsel placed their signatures on the document.

7.  The immediate and intermediate commanders recommended approval of the applicant's separation action.

8.  The separation authority approved the recommended separation action and directed the applicant be issued an Honorable Discharge Certificate.

9.  The applicant's DD Form 214 shows on 26 April 2012 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, condition, not a disability.  He had completed 1 year, 6 months, and 21 days of net active service this period.  It also shows in:

* item 26 (Separation Code):  "JFV"
* item 27 (Reentry Code):  "3"

10.  In support of his application the applicant provides a copy of an FMMG Harrison Family Medicine, LLC, letter, dated 23 May 2013, and two Lab Orders that show Doctor M---- de la C--- evaluated the applicant on 20 May 2013 and confirmed that laboratory studies show he does not have Hypothyroidism.

11.  The WebMD website (www.webmd.com) shows that Thyroid-stimulating hormone (also known as thyrotropin, TSH, or hTSH for human TSH) is a hormone that stimulates the thyroid gland.  TSH causes the thyroid gland to make two hormones:  triiodothyronine (T3) and thyroxine (T4).  T3 and T4 help control the body's metabolism.  A TSH blood test is used to check for thyroid gland problems.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army.  Chapter 5 (Separation for Convenience of the Government), paragraph 5-17, provides that commanders may approve separation under this paragraph on the basis of other designated physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.

13.  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. 

   a.  It shows that the SPD code "JFV" is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-17, condition, not a disability.

   b.  The SPD/RE Code Cross Reference Table stipulates that an RE code of "3" will be assigned to members separated with an SPD code of "JFV."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his RE and SPD codes should be changed because he did not have Hypothyroidism when he entered military service and recent test results confirmed that he does not have Hypothyroidism.

2.  Records show the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability.  Records also show the reason for his separation was that the applicant was diagnosed with Adjustment Disorder with Anxiety and Depressed Mood.  As such, the corresponding SPD and RE codes were entered on his DD Form 214.

3.  There is no evidence of record that shows the applicant's separation action or SPD and RE codes are based on the medical condition of Hypothyroidism.

4.  The evidence of record shows that an RE code of "3" and an SPD code of "JFV" were correctly entered on his DD Form 214 in accordance with governing Army regulations.  Thus, the reentry and separation codes that are shown on the applicant's DD Form 214 are appropriate and correct.

5.  Therefore, in view of the foregoing, there is no 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)                                         AR20130013598



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ABCMR Record of Proceedings (cont)                                         AR20130013598



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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