IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009547 


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 reconsideration of his previous request for correction of his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) by removing the diagnoses of Attention Deficit Disorder (ADD), Attention Deficit Hyperactivity Disorder (ADHD), and Oppositional Defiant Disorder (ODD).

2.  The applicant states, in effect:

* he created a very difficult situation by never disclosing that he was bullied while in middle and high school
* he was embarrassed that he could not defend himself
* his parents sought a psychological evaluation from the University of Virginia (UVA) Hospital East 
* during the evaluation he failed to note that his behavior was due to severe bullying
* his failure to note the chronic bullying led to his diagnosis of Asperger’s  Syndrome (AS)
* he had no idea that such a label could adversely affect his future life decisions
* he wanted to be a Delta Force operator in the military
* he met with a recruiter and explained his situation with the AS diagnosis; the recruiter said not to worry about it and just don’t mention it
* he asked about a waiver and the recruiter said that it would not happen and his only option was to not mention it
* based on the recruiter’s direction, he did not include the diagnosis in his application
* the EPSBD proceedings quoted his AS diagnosis from a UVA psychological evaluation, but somehow inferred additional diagnoses from the same evaluation
* he has no diagnosis for ADHD, inattentive type, or ODD in any medical paper work
* the additional diagnoses were never mentioned to him while at Fort Benning; his first indication was after his release
* to somehow remedy the existing psychological evaluation, he elected to complete a new psychological evaluation 
* the new psychological evaluation states clearly that he does not suffer from AS or any other psychological diagnosis

3.  The applicant provides:

* a personal statement
* DA Form 4856 (Developmental Counseling Form)
* medical notes from UVA Hospital East
* DA Form 4707 
* a psychological evaluation from Prince William Family Counseling
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty) 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120019783, on 4 June 2013.

2.  On 15 April 2011, the applicant underwent a medical examination for enlistment in the U.S. Army. The examining physician indicated that he was qualified for service.  On his DA Form 2807-1 (Report of Medical History), he denied any mental illness or counseling and ADHD.  He indicated he had not been evaluated or treated for a mental condition.  The examining physician indicated that there was no need for a psychological consult. 

3.  Records show he enlisted in the Regular Army on 4 October 2011 for a period of 3 years and 18 weeks.

4.  A DD Form 2897 (Report of Medical Assessment), dated 28 October 2011, shows the applicant indicated that AS was limiting his ability to work in his primary military occupational specialty.
5.  An EPSBD met on 1 November 2011.  The EPSBD found that he did not meet the medical fitness standards for enlistment in accordance with the governing regulation.  In the opinion of the evaluating physicians, the condition(s) existed prior to service (EPTS).  The EPSBD proceedings indicated that the EPTS condition was identified on 12 October 2011.  It indicated that he was evaluated at Community Mental Health Services for self-reported complaints of depression and anxiety, not being able to tolerate the stress of the basic training environment, and feeling he could not continue in training.  He reported a history of mental health treatment.

6.  The EPSBD reported that records were received from UVA Hospital, where since 2002 the doctor documented that the applicant had previously been diagnosed with AS; ADHD, inattentive type; and ODD.  His chain of command indicated they supported a recommendation for his separation.  

7.  On 7 November 2011, the findings of the EPSBD were approved by the medical approving authority and the applicant acknowledged:

* he had been informed of the medical findings
* legal advice of an attorney employed by the Army was available to him
* he could consult civilian counsel at his own expense
* he could be discharged from the Army without delay
* he could request retention on active duty, and if retained he could be involuntarily reclassified into another military occupational specialty
 
8.  On 7 November 2011, he concurred with the EPSBD proceedings and requested to be discharged from the U.S. Army without delay. 

9.  On 10 November 2011, he was discharged accordingly.  He was credited with 1 month and 7 days of active service.

10.  On 4 January 2013, he had a psychological evaluation completed by Prince William Family Counseling.  The examining physician determined that he did not have a deficit in his attention capacity as would be expected of an individual with attention difficulties due to ADHD.  It was also determined that he did not present symptoms consistent with AS or an autistic spectrum disorder. 

11.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 provides that:

	a.  Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entrance on active duty, active duty training, or initial entry training, will be separated.

	b.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within 6 months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 
40-501 (Standards of Medical Fitness), chapter 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions in regard to correction of his DA Form 4707 are acknowledged.  

2.  However, it is presumed he was examined by competent military medical personnel who made a valid determination that he was medically disqualified for further military service as indicated by his medical history and his claim that he could not continue in training due to his condition.

3.  His contention that information contained in his EPSBD proceedings is incorrect is found to be without merit. 

4.  After completion of his EPSBD proceedings, he concurred with findings, and requested that he be separated without delay.  He did not contest the diagnoses then as he does now. 

5. His contention that he has since been reevaluated is noted, however; it has no relevance to the determination made at the time of his separation.  There is no documentary evidence the EPSD incorrectly documented his prior diagnoses.

6.  The evidence of record does not indicate that an error or injustice exists in this case.  Therefore, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20120019783, dated 4 June 2013.



      __________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)                                         AR20140009547



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ABCMR Record of Proceedings (cont)                                         AR20140009547


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