IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140001234 


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 to change his narrative reason for separation to show he was medically discharged.

2.  He states that he was diagnosed with schizophrenia, undifferentiated, and post-traumatic stress disorder (PTSD) in December 2012, both of which began during his military service.

3.  He provides his Department of Veterans Affairs (VA) Rating Decisions and his service medical records. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 31 March 2009.  During his period of service he held military occupational specialty 11B (Infantryman) and he was deployed to Afghanistan from 30 January 2010 through 30 January 2011.  The highest grade he held was specialist (SPC/E-4).

2.  A review of his Official Military Personnel File (OMPF) shows that he received numerous negative DA Forms 4856 (Developmental Counseling Form) for various acts of misconduct to include:

* failure to maintain physical fitness standards
* lack of discipline and military bearing
* drunk, public disorderly conduct
* driving under the influence of alcohol
* failure to maintain arms, equipment, and uniform
* disrespect to a noncommissioned officer (NCO)
* use of racial terms

3.  On 13 June 2011, the applicant acknowledged that as a result of being considered for elimination from the Army he was required to undergo a complete physical and mental evaluation.  On the same day, he completed a DD Form 2697 (Report of Medical Assessment) wherein he noted that his overall health was "better" compared to his last medical assessment/physical examination.

4.  On 15 June 2011, he underwent a mental status evaluation at the U.S. Army Medical Department Activity, Conner Troop Medical Clinic, Fort Drum, NY.  His screening showed positive for PTSD rated at "4" and Traumatic Brain Injury (TBI) rated at "1."  The Chief of Psychiatry found that the applicant was fit for full duty, including deployment.  He further noted that the applicant had been screened for PTSD and TBI and these conditions were either not present or, if present, did not meet Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) criteria for a medical evaluation board (MEB).

5.  On or about 22 July 2011, the applicant's unit commander notified him that he was initiating action to separate him from the Army under the provisions of Army Regulation 635-200, paragraph 14-12b for a pattern of misconduct.  The reasons cited were his public intoxication, disorderly conduct, resisting arrest, the use of racial slurs, and dereliction in the performance of duties.

6.  On an unknown date, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 14-12b, for patterns of misconduct, and directed he be given a general discharge.

7.  On 20 August 2011, he was discharged accordingly.  His DD Form 214 shows he was credited with 2 years, 4 months, and 20 days of active duty service.

8.  The applicant provides a memorandum from the Board of Veterans' Appeals, dated 2 April 2013, which shows that upon appeal the VA determined that his schizophrenia, undifferentiated type, and PTSD, currently rated at 50 percent disabling, would be increased to 100 percent, effective 21 August 2011.

9.  A review of the available service medical records provided by the applicant, and found in the record, did not find definitive diagnoses of PTSD or any other mental health disorders.

10.  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.  It provides for MEBs which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in Army Regulation 40-501.  Paragraph 3-1 provides that 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 their office, grade, rank, or rating.  To ensure all Soldiers are physically qualified to perform their duties in a reasonable manner, medical retention qualification standards have been established in Army Regulation 40-501 (Standards of Medical of Fitness), chapter 3.  These standards include guidelines for applying them to fitness decisions in individual cases.  These guidelines are used to refer Soldiers to an MEB.

11.  Title 10, U.S. Code, Chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of a disability incurred while entitled to basic pay.  Sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency’s examinations and findings.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his narrative reason for separation be changed to show he was medically discharged.

2.  The evidence of record shows he underwent a mental health evaluation in accordance with his separation processing.  He had a positive screening for PTSD and TBI; however, the Army psychiatrist noted that these conditions were either not present or, if present, did not meet criteria for a medical evaluation board.

3.  The mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  The applicant failed to provide any evidence to show that he was suffering from any medically unfitting condition 



prior to his discharge, which would have required him to be processed for separation through medical channels or which was the cause of his misconduct.

4.  A disability decision rendered by another agency does not establish error on the part of the Army.  Operating under different laws and its own policies, the VA does not have the authority or the responsibility for determining the medical condition of a Soldier at the time of his or her discharge.  The VA may award ratings because of a service-connected disability that affects the individual's civilian employability.

5.  The evidence of record confirms his discharge was based on his repeated acts of misconduct.  The evidence also confirms that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.

6.  In view of the above, his request should be denied.

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)                                         AR20140001234





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ABCMR Record of Proceedings (cont)                                         AR20140001234



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