IN THE CASE OF: BOARD DATE: 24 January 2012 DOCKET NUMBER: AR20110013202 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 to Item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 7 February 2008. 2. He states that he was awarded TDIU (Total Disability Based on Individual Unemployability) (would have been awarded by the Department of Veterans Affairs (VA)) for service-connected disability at separation. He received a medical discharge from the doctor for one condition that was later found TDIU. 3. He provides no additional evidence in support of his application. 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 provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case 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 insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military record shows he enlisted in the Delayed Entry Program on 3 July 2007. He enlisted in the Regular Army, in pay grade E-3, on 12 July 2007, for 2 years. He completed training and was awarded military occupational specialty 92G (Food Service Operation). 3. A Report of Mental Status Evaluation, dated 9 January 2008, shows his level of alertness was found to be dull, his level of orientation was partial, and his mood or effect was flat. His thinking process was found to be confused, his thought content was abnormal, hallucinative, paranoid ideation, and delusional. The examining medical doctor, a psychiatrist, stated: a. That the applicant was evaluated after expressing suicidal thoughts and being reported by his peers to command for odd and concerning statements. b. The applicant’s evaluation revealed that he was manifesting disturbances of emotion and behavior that made him a very poor candidate for service in the military. Specifically, he was experiencing auditory hallucinations, delusional patterns of though, and paranoia. c. That condition was sufficiently severe that the applicant’s ability to perform military duties was impaired. If retained, command could anticipate problems with the Soldier requiring a high level of medical and behavioral services, engaging in odd behaviors, and making bizarre statements, and need for repeated hospitalizations. That condition would require extensive evaluation and treatment that would result in the Soldier being non-deployable. d. The applicant had a mental capacity to understand and participate in proceedings, was mentally responsible, and met the requirements of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. 4. The evaluating psychiatrist diagnosed the applicant with Psychosis, NOS (versus Schizoid Personality Disorder) and recommended expeditious administrative separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17. 5. In January 2008, the applicant’s company commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17, based on his mental status evaluation, with an honorable discharge. The company commander states that the mental status evaluation indicated that he had been diagnosed with Psychosis, NOS (Versus Schizoid Personality Disorder) which made him a very poor candidate for the Army and non-deployable. 6. On 8 January 2008, after consulting with counsel, the applicant acknowledged the basis for the contemplated separation action for Other Physical or Mental Condition under the provisions of Army Regulation 635-200, chapter 5-17, and its effects. He waived his rights and elected not to submit a statement in his own behalf. 7. On 22 January 2008, the applicant's battalion commander recommended approval of the applicant' s separation with an honorable discharge. 8. On 29 January 2008, he received counseling to discuss the medical review from mental health. He was advised that based on the doctor’s recommendation he was going to be separated on a 5-17 chapter. He agreed with the counseling. 9. On 29 January 2008, the appropriate separation authority approved the applicant’s separation with an honorable discharge. 10. Accordingly, he was honorably discharged, in pay grade E-4, on 7 February 2008, under the provisions of Army Regulation 635-200, paragraph 5-17. He was credited with completion of 6 months and 26 days of net active service. 11. Item 26 (Separation Code) on his DD Form 214 shows the entry “JFV.” Item 28 on this form contains the entry, “Condition, Not a Disability.” 12. There is no evidence he was referred to a medical evaluation board or a physical evaluation board for consideration of any medical condition(s) during his period of active service. 13. Army Regulation 635-200, paragraph 5-17, provides for the separation of enlisted Soldiers for other designated physical or mental conditions. A commander may approve separation under this chapter on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 5-11 or 5-13, that potentially interfere with assignment to or performance of duty. The commander will refer the Soldier for a medical examination and/or mental status evaluation. 14. Army Regulation 635-40, then in effect, provided for the expeditious discharge of enlisted personnel who, in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, were not qualified for retention on active duty by reason of physical disability which was neither incurred nor aggravated during any period in which the member was entitled to basic pay. 15. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for those stated reasons. The SPD of "JFV" as shown on his DD Form 214 was appropriate when the narrative reason for involuntary discharge was "Condition, Not a Disability” and the authority for discharge was Army Regulation 635-200, paragraph 5-17. 16. 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, which has neither the authority, nor the responsibility for determining physical fitness for the military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's civilian employability. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. The VA may rate any service-connected impairment, including those that are detected after discharge, in order to compensate the individual for loss of civilian employability. 17. TDIU entitled service-connected veterans to monthly VA disability compensation for service-connected disabilities. Once the VA determines that a veteran’s disability is related to his/her military service, it will assign a disability rating according to its schedule for rating disabilities. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was diagnosed by a qualifying psychiatrist with Psychosis, NOS (versus Schizoid Personality Disorder) and recommended for expeditious administrative separation in accordance with Army Regulation 635-200, paragraph 5-17. After consulting with counsel, he acknowledged the proposed separation action, waived his rights, and elected not to submit a statement in his own behalf. He was discharged accordingly on 7 February 2008. 2. There is an absence of evidence to support his entitlement to a medical discharge or other change to the narrative reason for his separation. There is no evidence he was found to be unfit by reason of physical disability incurred or aggravated during his period of active duty. He has submitted neither probative evidence nor a convincing argument to show his medical condition amounted to a disability separation under the provisions of Army Regulation 635-40. Therefore, he is not entitled to a medical discharge. 3. He states that he received TDIU for service-connected disability and a medical discharge for a condition that was later found TDIU. However, an award of service-connected disability compensation from the VA for any medical condition does not establish entitlement to a medical discharge. The VA may rate any service-connected impairment, including those that are detected after discharge, in order to compensate the individual for loss of civilian employability. 4. In view of the foregoing, there is no basis for granting his 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 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) AR20110013202 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110013202 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1