IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140016641 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the Army Commendation Medal and Combat Action Badge
* he was discharged for medical reasons

2.  The applicant states:

	a.  He received the Army Commendation Medal and Combat Action Badge during his tour of duty in Afghanistan.

   b.  Before he joined the military, he had no episodes of headaches that in the past caused him to black out.  He was not nervous, hyper-vigilant, or even on edge to be in public places, in the open, or around people.  Nor was he constantly depressed, and he never had issues with insomnia, nightmares, or trouble sleeping.  He was a typical teenager/early twenties male.

	c.  As a result of an incident that transpired during his deployment to Afghanistan, his unit received information that is shown in the documents he provides.  This was explained and noted when he proceeded with his behavioral health treatment.  Over time, the incident influenced negative symptoms such as sleep problems leading to partial/full insomnia, anger, irritability, post-traumatic stress disorder (PTSD), mental/personality disorder, suicidal thoughts, hyper-vigilance, and instability of his mental status and self worth.
   d.  [His issues] have had lasting effects that have stayed with him past his military career and impact his day to day life.  The documents he provides show that during the last few months of his military career, he started to take a turn for the worse and couldn't function properly as a Soldier.

3.  The applicant provides:

* five pages of Standard Form (SF) 600 (Chronological Record of Medical Care), dated between 30 January and 1 May 2013
* four pages of a hospital discharge summary, dated 11 February 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 8 February 2011 and he held military occupational specialty 13F (Fire Support Specialist).  On 9 August 2011, he was assigned to 1st Battalion, 501st Infantry Regiment, Joint Base Elmendorf Richardson (JBER), AK.

2.  He served in Afghanistan with his assigned unit from 5 December 2011 to 6 October 2012.  His record contains:

* Permanent Orders (PO) 076-045, dated 16 March 2012, issued by Headquarters (HQ), 4th Brigade Combat Team, 25th Infantry Division, Afghanistan, awarding him the Combat Action Badge
* a certificate showing PO 230-357, issued by Task Force Spartan, Afghanistan, awarding  him the Army Commendation Medal for the period 6 December 2011 to 6 October 2012

3.  Between 7 January 2012 and 6 June 2013, he was frequently counseled by various members of his chain of command for repeatedly failing to report to his appointed place of duty, leaving classified material unsecured in a war zone, failing to secure his weapon in a war zone, failing to follow instructions, failing the Army Physical Fitness Test (APFT), failing to inform his chain of command of medical appointments, failing to be in the proper uniform on several occasions, failing to maintain grooming standards on several occasions, failing to report to a medical appointment, acting in an insubordinate manner toward a noncommissioned officer (NCO), failing to secure his military equipment, drinking alcohol while underage and in uniform, and for lying to an NCO.

4.  The applicant provides an/a:

	a.  SF 600, dated 30 January 2013, wherein, in part, it shows he was seen on that date at the Social Work Clinic, JBER, for a military combat stress reaction evaluation.  The examining social worker noted the applicant reported he felt mentally exhausted and was only able to sleep for 2 to 4 hours each night.  He denied intent for self harm and did endorse depressive symptoms with the ability to verbalize future oriented thinking.

		(1)  He identified feelings of guilt, inadequacy, anger, hate, weakness, hurt, grief, and loss related to an incident in Afghanistan when he was pulling guard duty during an attack.  He reported his weapon jammed, he was unable to fix his weapon and reengage, and another Soldier had to take charge.  The applicant stumbled, knocked the microphone out of the MAT-V, and broke it which interrupted all unit communications for 3 to 5 minutes.  He stated he was pretty shaken up since the event and blamed himself ever since.

		(2)  The social worker identified the issue as depression, combat stress reaction, and disrupted sleep.  She stated he could benefit from continued sessions and recommended he be given 48 hours in quarters to get some sleep.  She also noted he had an appointment on 31 January 2013 to follow up on his sleep problem and on 4 February 2013 with a psychiatrist.

	b.  Discharge Summary, dated 11 February 2013, from Providence Alaska Medical Center (PAMC), Anchorage, AK, wherein, in part, the treating physician noted:

		(1)  The applicant was admitted to the PAMC on 7 February 2013.  He was referred by a social worker at JBER and had stated he had suicidal thoughts.  The applicant reported he had been in mental health treatment for the past few week, had been having trouble with physical training, had passed out on a couple of occasions, and had increased headaches with physical exertion.  He stated he had been put on trazodone recently and believed this may have been increasing his headaches and possibly causing the syncope (fainting).  He noted feeling depressed, helpless, hopeless, overwhelmed, and indicated he was having trouble integrating with life on base.

		(2)  He reported that during his deployment to Afghanistan he had a friend who was killed and another who lost his hand.  He reported falling and hitting his head days after and denied any significant cognitive problems after this but he began having fairly frequent headaches after he returned to Alaska.  The physician noted his impression was the applicant had two episodes of syncope preceded by loss and he suspected his headaches were migrainous.

		(3)  He was diagnosed with anxiety disorder, not otherwise specified (NOS); personality disorder, NOS with narcissistic traits; headaches and recent syncope; and difficulty with military life.  He was discharged from the PAMC on 11 February 2013.

5.  He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), as follows on:

* 3 April 2013, for consuming alcohol while under the age of 21
* 18 April 2013, for failing to go to his appointed place of duty at the prescribed time

6.  On 17 May 2013, he underwent a medical evaluation.  The examining physician noted the physical examination revealed the applicant's systems were normal except for his feet which indicated he had mild pes planus.  The physician stated he was medically qualified for service and his PULHES was 1-1-1-1-1-1.

7.  On 6 June 2013, he underwent a mental status evaluation.  A DA Form 3822 (Report of Mental Status Evaluation) shows the examining psychiatrist noted, in part:

   a.  The applicant had no obvious impairments, his behavior was manipulative, his perceptions were normal, he was occasionally impulsive, he could understand and participate in administrative proceedings, he met medical retention standards, and he did not qualify for a medical evaluation board (MEB).
   
   b.  He was diagnosed with a single episode of major depressive disorder; anxiety disorder, NOS; narcissistic personality disorder; and headaches.  The psychiatrist deemed him unfit for duty due to a personality disorder or other mental condition that did not amount to a medical disability.  He also noted the applicant had been screened for PTSD and mild traumatic brain injury and both screenings were negative.

8.  On 18 June 2013, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 13 for unsatisfactory performance.  The commander stated that in his judgment he would not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  The seriousness of the circumstances was such that his retention would have an adverse impact on military discipline, order, and morale.  The commander further stated if his recommendation was approved, the least favorable characterization of service the applicant could receive was general, under honorable conditions and that he was recommending he be given an honorable discharge.

9.  On 18 June 2013, the applicant acknowledged receipt of the proposed discharge action.  On 19 June 2013, he consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and the possible effects of a general discharge.  He declined to submit a statement in his own behalf.

10.  On 20 June 2013, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance and directed the issuance of an Honorable Discharge Certificate.  On 1 August 2013, he was discharged accordingly.

11.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance with an honorable characterization of service.  He completed 2 years, 5 months, and 24 days of net active service this period.

12.  His DD Form 214 shows he was awarded or authorized the:

* Afghanistan Campaign Medal with one bronze service star
* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* North Atlantic Treaty Organization (NATO) Medal
* Parachutist Badge

13.  His Enlisted Record Brief, dated 1 August 2013, shows his PULHES was
1-1-1-1-1-1.

14.  There is no evidence in his available record, and he did not provide any evidence, that shows while serving on active duty that he was treated for, or diagnosed with, any mental/medical condition/disorder that permanently prevented him from performing his assigned duties, was found to be physically unfitting, or required referral to an MEB.  There is no evidence that shows while serving on active duty he ever received a permanent profile of "3" that would require referral to an MEB. 

15.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  It states MEBs 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 qualification for retention based on the criteria in Army Regulation
40-501 (Standards of Medical Fitness).

16.  Army Regulation 635-40 further states 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/degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade, or rating.  The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before that service member can be medically separated or retired.

17.  The Army physical profile serial system is based primarily upon the function of body systems and their relation to military duties.  The functions of the various organs, systems, and integral parts of the body are considered.  An individual having a numeric designation of "1" under all factors is considered to possess a high level of medical fitness.  A physical profile designator of "2" under any or all factors indicates an individual possesses some medical condition or physical defect that may require some activity limitations.  A profile containing one or more numerical designations of "3" signifies the individual has one or more medical conditions that may require significant limitations.  A permanent profile of "3" would require referral to an MEB.

18.  Army Regulation 40-501 states personality disorders do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and if they cause interference with the performance of military duty.

19.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.

DISCUSSION AND CONCLUSIONS:

1.  PO awarded the applicant the Army Commendation Medal and Combat Action Badge which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this medal and badge.

2.  With respect to a medical discharge, although he may have been diagnosed with a personality disorder, personality disorders do not render an individual unfit because of physical disability.  There is no evidence in his available record, and he did not provide any evidence, that shows while serving on active duty he was treated for, or diagnosed with, any mental/medical condition/disorder that permanently prevented him from performing his assigned duties, was found to be physically unfitting, or required referral to an MEB.  There is no evidence that shows while serving on active duty he ever received a permanent profile of "3" that would require referral to an MEB. 

3.  The evidence of record confirms the applicant demonstrated he could not or would not meet acceptable standards required of enlisted personnel as evidenced by the numerous adverse counseling he received by several members of his chain of command and the NJP he received on two occasions for consuming alcohol while underage and failing to report to his appointed place of duty.  Accordingly, his immediate commander initiated separation action against him.

4.  His separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.  The type of discharge directed and the reason for separation were therefore appropriate considering all the facts of the case. 

5.  In view of the foregoing, he is not entitled to this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by adding the Army Commendation Medal and Combat Action Badge.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a medical discharge.



      _______ _   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)                                         AR20140016641





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140016641



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1