IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140011289 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "Panic Disorder" instead of "Other Designated Physical or Mental Conditions."

2.  The applicant states, in effect, she is requesting the error or injustice be corrected because her discharge was deemed to be service-connected after she was discharged.  She needs item 28 changed so she can use the Post-9/11 GI Bill.

3.  The applicant provides copies of the following:

* 2003 memorandum
* DD Form 214 (2 copies)
* Department of Veterans Affairs (VA) Rating Decision
* completed DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States)
* letter from the Army Review Boards Agency

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 Army Board for Correction of
Military Records (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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 18 May 1999.  She was awarded military occupational specialty 31F (network switching systems operator).

3.  She provided a copy of a memorandum, dated 30 April 2003, wherein an Army medical doctor with the Division Mental Health Service (DMHS) advised the Commander, 125th Signal Battalion, that the applicant had been seen at the DMHS and was under his care.  The applicant was diagnosed with a disorder which significantly impaired her ability to fly and she was unable to fly despite medication.  It was possible that the medical condition could be resolved in the future.  However, that disability should be taken into account for her pending transportation requirements.

4.  On 3 April 2003, the applicant's company commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, paragraph 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 company commander stated the reason for the discharge was the applicant's adjustment disorder diagnosis on 29 August 2002.  He advised the applicant of her rights.

5.  On 4 April 2003, after consulting with counsel, the applicant acknowledged receipt of the proposed separation.  She waived her rights and elected not to submit a statement in her own behalf.

6.  On 29 April 2003, the separation authority approved her discharge.

7.  On 27 May 2003, she was honorably discharged accordingly in pay         grade E-4.  She was credited with completing 4 years of active service.  Her DD Form 214 lists in:

* Item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
5-17
* Item 26 (Separation Code) - JFV
* Item 28 – Other Designative Physical or Mental Conditions

8.  She provided a copy of a VA Rating Decision, dated 27 July 2004, which shows she was awarded service-connection for degenerative disk disease (10 percent (%)) and panic disorder without agoraphobia (10%) effective 28 May 2003.

9.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 5-17 of the regulation specifically provided that Soldiers could be separated on the basis of other physical or mental conditions not amounting to a disability that potentially interfered with assignment to or performance of duty.  Such conditions could include, but were not limited to – Chronic Airsickness; Chronic Seasickness; Enuresis, Sleepwalking; Dyslexia; Severe Nightmares; Claustrophobia; and other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties were significantly impaired.  When a commander determined that a Soldier had a physical or mental condition that potentially interfered with assignment to or performance of duty, the commander would refer the Soldier for a medical examination and/or mental status evaluation.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 25 would list the separation authority
* Item 26 would list the proper separation program designator (SPD) representing the reason for separation
* Item 28 would list the reason for separation based on the regulatory or statutory authority

11.  Army Regulation 635-5-1 (SPD Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It stated the SPD code of "JFV" was applicable for Soldiers who were discharged under the provisions of Army Regulation 635-200, paragraph 5-17, with the narrative reason of "Other Designated Physical or Mental Conditions."

12.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active

military service.  The VA has neither the authority nor the responsibility for determining physical fitness for the military service.  It awards disability ratings to veterans for condition that it determined were incurred during military service and subsequently affect the individual's civilian employability.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows in April 2003 the applicant was diagnosed with a disorder which significantly impaired her ability to fly.  It was determined that medical condition could be resolved in the future.  The applicant's unit commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, paragraph 5-17.  The separation authority approved her discharge and as a result she was discharged on 27 May 2003.  

2.  Her desire to have item 28 of this DD Form 214 amended based on her award of a VA service-connection for Panic Disorder is acknowledged.  However, the narrative reason listed in item 28 of her DD Form 214 is properly listed in accordance with the reason for separation under paragraph 5-17.  Therefore, she is not entitled to the requested relief.

3.  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.

4.  It is noted, the ABCMR does not correct records solely for the purpose of establishing entitlements to other benefits.

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)                                         AR20140011289





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ABCMR Record of Proceedings (cont)                                         AR20140011289



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