IN THE CASE OF:	  

		BOARD DATE:	    8 May 2014

		DOCKET NUMBER:  AR20130014227 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was medically discharged instead of honorably discharged by reason of "condition, not a disability."

2.  The applicant states he was fine when he enlisted in the Army with no history of mental disability.  He only started having mental health problems after he was in Iraq for a couple of months.

3.  The applicant provides what appears to be a complete copy of his service and post-service medical records, miscellaneous correspondence, and letters of support/concern.

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the Regular Army on 12 September 2007.  

2.  The evidence shows he served in Iraq from 21 November 2009 to 19 August 2010.

3.  The applicant's records contain:

   a.  DD Form 2807-1 (Report of Medical History), dated 2 November 2010, that shows he was diagnosed and treated for schizophrenia.   
   b.  Report of Behavioral Health Evaluation, dated 8 November 2010, that shows he was psychiatrically cleared for administrative separation in accordance with chapter 5-17 of Army Regulation 635-200 (Personnel Separations).  The doctor's diagnosis was for schizophrenia, single episode in partial remission.  The form further stated the applicant had been screened for post-traumatic stress disorder and traumatic brain injury.  There was no condition present at the time that would warrant the applicant's appearance before a medical evaluation board (MEB).

4.  On 13 December 2010, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under Army Regulation 635-200, paragraph 5-17, by reason of "Other Designated Physical or Mental Conditions."    

5.  On 14 December 2010, the applicant acknowledged receipt of the separation notification memorandum.  He indicated he understood the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.  He waived consideration of his case by an administrative separation board.  He requested consulting counsel, but he elected not to submit a statement on his own behalf.  

6.  Subsequent to this acknowledgement and legal consultation, the applicant's immediate commander initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of other designated physical or mental conditions.  

7.  On 12 January 2011, his separation packet was deemed legally sufficient.  His DD Form 214 shows he was honorably discharged on 2 February 2011 under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability."  This form shows he completed 3 years, 4 months, and 21 days of net active service this period.  Item 26 (Separation Code) of his DD Form 214 shows the entry "JFV."

8.  The applicant provides letters of support/concern which detail the applicant's struggles to sleep, flashbacks, personality changes, and incidents of hearing or seeing persons or voices which did not exist.  He further provides numerous service and post-service medical records also used for his Compensation and Pension Examination Report.

9.  Army Regulation 635-200 states commanders specified in paragraph 1–19 may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement or Separation) and excluding conditions appropriate for separation processing under paragraph 5–11 or 5–13 that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to, chronic airsickness, chronic seasickness, enuresis, sleepwalking, dyslexia, severe nightmares, claustrophobia, and gender transformation.

10.  When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with Army Regulation 40-501 (Standards of Medical Fitness).  Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. 

11.  Army Regulation 40-501, paragraph 3-31 (Disorders with psychotic features) states the causes for referral to an MEB are as follows:

   a.  Diagnosed psychiatric conditions that fail to respond to treatment or restore the Soldier to full function within one year of onset of treatment.

   b.  Mental disorders not secondary to intoxication, infections, toxic, or other organic causes with gross impairment in reality testing, resulting in interference with social adjustment or with duty performance.

12.  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 or her office, grade, rank, or rating.  Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. 

	a.  Paragraph 3-1 states the mere presence of an 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 their office, grade, rank, or rating.

	b.  Paragraph 3-1d states initial enlistment, induction, or commissioning physical standards are not relevant to deciding unfitness for continued military service.  Once a Soldier has been enlisted, inducted, or commissioned, the fact that the Soldier may later fall below initial entry physical standards does not, in itself, authorize separation or retirement unless it is also established that the Soldier is unfit because of physical disability.  

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 code to be entered on the DD Form 214.  It identifies SPD code JFV as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a condition, not a disability.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant underwent a mental status evaluation by competent military medical authority and he was diagnosed with and treated for schizophrenia, single episode in partial remission.  The available evidence specifically states the applicant was psychiatrically cleared for any administrative action deemed appropriate.  

2.  Based on the applicant's response to treatment his diagnosed episode of schizophrenia was in partial remission.  There appears to have been no condition present at the time which would warrant the applicant's appearance before an MEB and he was subsequently recommended for separation under the provisions of Army Regulation 635-200, paragraph 5-17. 

3.  Accordingly, the applicant's chain of command initiated separation action against him.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  Further, his discharge action was reviewed for legal sufficiency.

4.  There is no evidence in the available records and the applicant did not provide sufficient evidence that shows he was diagnosed with any other condition that would have warranted his entry into the PDES during his period of service.  A medical discharge is based on the existence of a condition that did not meet retention standards.  

5.  His narrative reason for separation was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, paragraph      5-17, due to a medical condition - not a disability.  Absent this condition, there was no fundamental reason to process the applicant for discharge.  Therefore, the only valid narrative reason for separation permitted under this paragraph is "Condition - Not a Disability" and the appropriate separation code associated with this discharge is "JFV."  His narrative reason for separation is correctly shown on his DD Form 214 and he has provided insufficient evidence to warrant changing this reason.

6.  In view of the foregoing, there is insufficient evidence to grant 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)                                         AR20130014227



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ABCMR Record of Proceedings (cont)                                         AR20130014227



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