PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 October 2002                  
	DOCKET NUMBER:   AR2002069597

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected to reflect the proper separation authority (Block 25).  In effect, he is also requesting that his separation code (Block 26) and narrative reason for separation (Block 28) be corrected.

3.  The applicant states that he believes both the separation authority and the narrative reason for separation are in error.  His approved separation proceeding indicates that he was separated under the provisions of paragraph 5-17, Army Regulation 635-200, as a result of "other designated physical or mental conditions."  He submits in support of his request a copy of his DD Form 214, a mental status evaluation report, and his entire administrative separation packet.

4.  The applicant’s military records show that he enlisted in the Regular Army on 6 April 2000.  He served in military occupational specialty (MOS) 55B (Ammunition Specialist). 

5.  On 24 September 2001, the applicant underwent a mental status evaluation by a professionally trained clinical psychologist.  He was diagnosed as having an adjustment disorder with mixed emotional features and was determined to meet the criteria for separation under the provisions of paragraph 5-17, AR 635-200, due to emotional and mental instability as indicated by:  "Depression; anxiety and stress reactions culminating in daily suicidal ideation; Consistent irresponsibility, as indicated by repeated failure to sustain consistent work behavior; Occasional flashbacks and homicidal ideation when being yelled at by an NCO [noncommissioned officer]."   He was also determined to be mentally responsible and to have the mental capacity to understand and participate in administrative proceedings.  The examining official believed that the applicant's retention represented a liability; impaired overall unit readiness and functioning; and put the applicant at high risk to continue to engage in adverse behavior.

6.  Also on 24 September 2001, the examining official notified the applicant's unit commander of the above diagnosis.  He stated that the applicant's current potential for self-harm, harm to others, or his leaving the unit absent without leave was low; that he suffered from chronic situational maladjustment; and that he had a deficiency in attitude and motivation for continued military service.  He also believed that the applicant's anxiety/ stress symptoms stemmed from an incident in which a NCO slapped the applicant during advanced individual training.  The recommendation was for separation under the provisions of paragraph 5-17, AR 635-200, for "other designated physical or mental conditions."

7.  On 22 October 2001, the applicant’s unit commander notified him that he was initiating action to separate him prior to the expiration of his term of service under the provisions of paragraph 5-17, AR 635-200, by reason of "other designated physical or mental conditions," with an honorable discharge (HD).  The unit commander cited the basis for the recommendation was that the applicant had a current diagnosis of an adjustment disorder with mixed emotional features; that his prognosis was very poor given his excessive desire to leave the Army; and that he demonstrated a disorder of adaptability that is not currently amenable to treatment, nor likely to become amenable in the future. 

8.  On 24 October 2001, the applicant authenticated a statement with his initials and signature in which he stated that he had been afforded the opportunity to consult with legal counsel and that he did not desire further legal representation.  He also acknowledged that he was not entitled to a hearing by a board of officers and he declined the opportunity to submit a statement in his own behalf.  

9.  On 8 November 2001, competent authority approved the recommendation and directed the issuance of an HD under the provisions of paragraph 5-17, Army Regulation 635-200, by reason of "other designated physical or mental conditions."

10.  The applicant's DD Form 214 indicates that on 28 November 2001, he was separated under the provisions of paragraph 5-13, AR 635-200, by reason of "personality disorder," with an HD.  He completed 1 year, 7 months and 23 days of active military service and he had no recorded lost time. 

11.  There is no evidence that the applicant ever applied to the Army Discharge Review Board for a change in the narrative reason for separation. 

12.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a soldier may be separated for other designated physical or mental conditions, not amounting to disability under Army Regulation 635-40, that interfere with assignment to, or performance of duty.  The regulation requires that the disorder(s) manifest disturbances of perception, thinking, emotional control or behavior sufficiently severe that the soldier's ability to effectively perform military duties is significantly impaired.

CONCLUSIONS:

1.  The available evidence indicates that Blocks 25, 26, and 28 on the applicant's DD Form 214 contain administrative errors requiring the following corrections:

	a.  Block 25 should be corrected to show paragraph 5-17, AR 635-200 as the separation authority; and 

	b.  Block 26 should be corrected to reflect a separation code of "JFV;" and

	c.  Block 28 should be corrected to reflect a narrative reason for separation of "Physical Condition, Not a Disability."

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by voiding the DD Form 214, dated 28 November 2001, pertaining to the individual concerned and issuing to him a new DD Form 214 showing in Block 25 (Separation Authority) "AR635-200 PARA 5-17," in Block 26 (Separation Code) "JFV," and in Block 28 (Narrative Reason for Separation) " Physical Condition, Not a Disability."

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __mkp___  __aao___  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069597	
SUFFIX		
RECON		
DATE BOARDED	20021001	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	20011128	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A42.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	144.4200	
2.		
3.		
4.		
5.		
6.