BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017246 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017246 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20150017246 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, that the narrative reason for his discharge be changed from condition, not a disability, to medical disability, so he can receive 100 percent of his GI Bill. 2. The applicant states he was administratively discharged on 26 May 2015 without a service-connected disability on his DD Form 214 (Certificate of Release or Discharge from Active Duty), because his service component wanted to speed up his separation process. His service-connected disability was determined after his discharge. His Department of Veteran Affairs (VA) disability letter should be sufficient evidence for review. 3. The applicant provides: * DD Form 214 for the period ending 26 May 2015 * VA disability rating, dated 3 September 2015 * self-authored letter CONSIDERATION OF EVIDENCE: 1. On 7 January 2014, the applicant enlisted in the Regular Army. He completed training and he was awarded military occupational specialty 92Y (Unit Supply Specialist). 2. The applicant’s mental health record shows on 23 February 2015, he was seen at the Schofield Barracks Warrior Behavioral Health Clinic, Tripler Medical Center, HI, for psychiatric issues. a. He was voluntarily admitted into the inpatient psychiatry ward for concerns over safety in the context of an overdose of Benadryl and alcohol. b. He was integrated into the ward and participated in both individual and group therapy. His suicidal thoughts resolved shortly after admission and he consistently agreed and demonstrated to be safe on the ward; however, after his first total patient care (TPC) appointment, he admitted to having suicidal ideations whenever he put on his uniform, which he said was a fleeting thought that subsided later in the day. These thoughts had improved in intensity and duration while he was in the ward. He was calm and cooperative on the ward and participated in his treatment plan. c. He was discharged from the hospital on 3 March 2015. 3. The applicant's commander recommended that the applicant be separated under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17. 4. On 1 April 2015, the separation authority approved the separation action and directed the applicant be discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, (Other Designated Physical or Mental Conditions) with the issuance of an honorable discharge. 5. The applicant’s military medical record shows he was seen from 7 October 2014 to 20 April 2015 for depression, adjustment disorder, and for being a suicidal risk. 6. On 26 May 2015, the applicant was discharged accordingly. He had completed 1 year, 4 months, and 20 days of active military service. 7. The applicant provides a copy of his VA disability rating showing he was rated at 50 percent for unspecified major depressive disorder with panic attacks, with an effective date of 27 May 2015. 8. The applicant provides a self-authored letter, which states his disability condition at the time of his separation was not included in his DD Form 214. His disability determination process started on 1 April 2015 and was finished on 3 September 2015. With his current DD Form 214 showing no disability, he is only entitled to 50 percent of his GI Bill. 9. During the processing of this case, an advisory opinion was obtained from the Chief, Behavioral Health Division, Office of the Surgeon General (OTSG). He states: a. According to the applicant’s Armed Forces Health Longitudinal Technology Application (AHLTA) records, he initially sought behavior health treatment in October 2014 when his mother got divorced from her fourth husband and he threated to kill himself. His mother encouraged him to go absent without leave (AWOL) in order for him to be with her. b. On 23 February 2015, he took an overdose of medication and was admitted to the hospital where he identified his mother as his chief stressor. c. On 26 March 2015, a Mental Status Examination cleared him for an administrative separation, with a diagnosis of adjustment disorder. d. On 31 March 2015, the applicant told his behavior health provider he was being chaptered out, which he described as a relief. Two months later, the VA granted him 50 percent service connection for unspecified major depressive disorder with panic attacks. e. The applicant’s anxiety symptoms responded well to medication and his stressors subsided when he learned he would be discharged from the Army and would be able to care for his mother. Although the adjustment disorder with which he was diagnosed at discharge was not specified acute or chronic, acute adjustment disorder most accurately reflects behavior health conditions that arise in response to a specific stressor and abate when the stressor is removed. 10. The applicant was provided a copy of the advisory opinion for an opportunity to respond. He did not respond. REFERENCES: 1. Army Regulation 635-200, chapter 5, paragraph 5-17, states commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability, sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. 2. Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that the regulatory authority authorizing the separation will be entered in item 25 of the DD Form 214. Item 28 will contain the narrative reason for separation, as shown in Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) based on the regulatory authority. 3. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 4. Title 38, United States Code, permits the VA to award compensation for a medical condition, which was incurred in or aggravated by active military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. DISCUSSION: 1. The applicant contends he should have been issued a medical discharge instead of being separated due to a condition, not a disability, so that he may receive a 100 percent of his GI Bill. 2. The applicant's record confirms he was separated under the provisions of paragraph 5-17, Army Regulation 635-200, by reason of a condition, not a disability. It further shows that based on this authority and reason for separation he was appropriately assigned an SPD code of "JFV" (condition, not a disability) in accordance with the applicable regulation. The evidence shows all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 3. The advisory official in this case noted that the applicant’s anxiety symptoms responded well to medication and his stressors subsided when he learned he would be discharged from the Army and would be able to care for his mother. The advisory official concluded that acute adjustment disorder most accurately reflects behavior health conditions that arise in response to a specific stressor and abate when the stressor is removed. This conclusion supports the chain of command's decision to separate the applicant based on a condition that did not rise to the level of being a disability. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017246 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017246 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2