IN THE CASE OF: 

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130017686 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Service-connected Disability" vice "Condition, Not a Disability."

2.  The applicant states he was discharged from the Army in 2003 for a service connected disability.  The commanding officer of his unit ordered in writing that item 28 of his DD Form 214 list "Other Designated Physical or Mental Conditions."  Instead, the Army issued him a DD Form 214 that deceitfully read the narrative reason for separation as "Personality Disorder."  He appealed to the Army Discharge Review Board (ADRB) in 2010 to have this narrative reason for separation changed.  In April 2011 he was reissued a DD Form 214 which instead reads "Condition, Not a Disability."  Now that he has been rated for service-connected disability (by the Department of Veterans Affairs (VA)) at the rate of 70 percent, he would like his DD Form 214 to reflect that.

3.  The applicant provides copies of his separation approval memorandum, initial DD Form 214, corrected DD Form 214, and a letter from the VA.

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 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 enlisted in the Regular Army on 13 June 2002 and he held military occupational specialty 11X (infantry recruit).  

3.  On 28 April 2003, he underwent an evaluation and was diagnosed with an adjustment disorder with a depressed mood.  The examining psychologist stated that the applicant's adjustment disorder was unlikely to improve significantly with psychiatric treatment in the Army or other attempts at rehabilitation and his conditions did not require a disposition through medical channels.  He also stated the applicant met the criteria for separation in accordance with Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Separation), paragraph (para) 5-17.

4.  On 9 May 2003, he received counseling for separation under AR 635-200, para 5-17, and on 3 June 2003, after consulting with counsel, he acknowledged receipt of the proposed separation.  He waived his rights and elected not to submit a statement in his own behalf.

5.  On 4 June 2003, his unit commander initiated action to separate him under the provisions of AR 635-200, para 5-17, by reason of other designated physical or mental condition, not a disability, for being diagnosed by competent medical authority with an adjustment disorder and chronic depression, with an honorable discharge.  The applicant's unit commander concluded that the applicant's adjustment disorder would be unlikely to improve with psychiatric treatment in the Army or other attempts at rehabilitation.  He advised the applicant of his rights.

6.  He provides a copy of and his record contains his separation approval memorandum, dated 4 June 2003, which shows the separation authority approved the applicant’s honorable discharge and directed the entry "Other Designated Physical or Mental Conditions" be entered as the reason on his DD Form 214.

7.  He was honorably discharged on 13 June 2003.  His DD Form 214 lists in:

* Item 25 - AR 635-200, para 5-13
* Item 26 - (Separation Code) - LFX
* Item 28 - Personality Disorder

8.  On 19 January 2011, the Army Discharge Review Board determined that items 25, 26, and 27 (Reentry Code) of his DD Form 214 were erroneous and required administrative correction.  The record showed that the applicant's discharge was processed and approved under the provisions of AR 635-200, para 5-17, for a condition, not a disability.

9.  On 18 April 2011, he was issued a corrected DD Form 214 which lists in:

* Item 25 - AR 635-200, para 5-17
* Item 26 - JFV
* Item 27 - 3
* Item 28 - Condition, Not A Disability

10.  He also provides a copy of a letter, dated 24 October 2012, wherein the VA advised him of a cost of living adjustment for his service-connected compensation.

11.  AR 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  The regulation stated in:

   a.  Para 5-13 - a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, would be separated for personality disorder (not amounting to disability under AR 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement, or Separation) that interfered with assignment or with performance of duty.

   b.  Paragraph 5-17 - Soldiers would be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40 that interfered with assignment or with performance of duty.  

12.  AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 provides an item by item description of the DD Form 214. 

	a.  Item 26, the correct entry is obtained from AR 635-5-1 (Separation Program Designator) which provides the corresponding separation program designator code for the regulatory authority and reason for separation.  

	b.  Item 28, this entry is based on the regulatory or other authority and can be checked against the cross reference in AR 635-5-1.  The narrative reason for separation is based on the regulatory, statutory, or other authority.  It includes a variety of reasons such as misconduct, disability, unfitness, unsuitability, court-martial, completion of required service, pregnancy, hardship, in lieu of trial by court-martial, non-selection for promotion, etc.  

13.  AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  SPD code "JFV" was the correct code for enlisted Soldiers separating under the provisions of paragraph   5-17 of AR 635-200 by reason of a "Condition, Not a Disability." 

14.  AR 635-40 sets forth policies, responsibilities, and procedures in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant's unit commander initiated action to separate him under the provisions of AR 635-200, para 5-17.  The separation authority approved his discharge and directed the narrative reason for separation be listed as "Other Designated Physical or Mental Conditions."  He was initially issued a DD Form 214 showing he was discharged under the provisions of AR 635-200, para 5-13 (instead of para 5-17).

2.  In April 2011, the ADRB determined the narrative reason for separation was incorrect.  As such, his DD Form 214 was voided and he was reissued a correct DD Form 214 properly reflecting he was discharged under the provisions of para 5-17 of AR 635-200, with a narrative reason of "Condition, Not a Disability" and with the corresponding SPD code of JFV. 

3.  His narrative reason was assigned based on the fact that he had a condition, not a disability, that warranted his separation.  Absent this condition, there was no reason to process him for separation.  The underlying reason for his separation was his condition which was not considered a disability by the Army.  The only valid narrative reason with this type of discharge is "Condition, Not a Disability" which is correctly listed on his DD Form 214.  His service medical records are not available and he provides no evidence to show he had any condition other than an adjustment disorder.  There is no reason to change it.

4.  Service-connected disability is not an Army narrative reason for separation.  It is used by the VA to describe disability compensation, which is a monetary benefit paid to veterans who are disabled by an injury or illness that was incurred or aggravated during active military service.  These disabilities are considered to be service connected.
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)                                         AR20130017686





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ABCMR Record of Proceedings (cont)                                         AR20130017686



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