IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016377 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 IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016377 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. IN THE CASE OF: BOARD DATE: 2 March 2017 DOCKET NUMBER: AR20150016377 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) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was discharged from the Army because of a service-connected disability. 2. The applicant states that within 60 days of her discharge from the Army, the Department of Veterans Affairs (VA) granted her a service-connected disability rating of 100 percent. The reason for separation listed on her DD Form 214 should reflect "service-connected disability." She was unaware that her narrative reason for separation was affecting her education benefits. She believes she is entitled to education benefits at 100 percent. 3. The applicant provides VA Letter dated 28 May 2013 and her DD Form 214. 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 enlisted in the Regular Army on 1 May 2007. Upon completion of initial entry training, she was awarded military occupational specialty 14T (Patriot Operator/Maintainer). 3. U.S. Army Medical Department Activity, Fort Hood, Texas, Memorandum, dated 26 April 2008, shows the applicant was placed on the Command Interest Profile on 24 March 2008. The medical official's evaluation found the applicant not an imminent risk to herself or others and he recommended her removal from the Command Interest Profile on 26 March 2008, with further evaluation on 31 March 2008. 4. On 30 April 2008, the unit commander notified the applicant that he was initiating action to discharge her under the provisions of paragraph 5-17, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), by reason of "other designated physical and mental conditions." He cited the reason for his proposed action was the applicant's diagnosis of major depressive disorder resulting from long-term difficulties transitioning to the Army. He recommended she receive an honorable discharge. (A copy of her medical evaluation is not included in her official military personnel file (OMPF).) 5. On 30 April 2008, the applicant acknowledged receipt of the separation notification. In May 2008, she completed an election of rights and acknowledged she was afforded the opportunity to consult with counsel and she declined this opportunity. She also waived her rights and elected not to submit a statement on her own behalf. 6. On 7 May 2008, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-17, and directed that the applicant receive an honorable discharge. On 9 May 2008, the applicant was discharged accordingly. 7. The DD Form 214 issued to the applicant upon her separation confirms she was discharged in the rank/grade of private/E-2 after completing a total of 1 year and 9 days of active military service. Item 25 (Separation Authority) shows the authority for her separation as Army Regulation 635-200, paragraph 5-17, and item 28 shows the reason for her separation as "condition, not a disability." 8. She provides a VA letter dated 28 May 2013, showing the VA granted her a 100 percent service-connected disability rating effective 1 July 2008 and she is receiving disability compensation. It does not identify her service-connected disabilities. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. Paragraph 5-17 provides for separating members for physical or mental conditions not amounting to disability, which includes those members suffering from a disorder manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment or performance of duty, the commander will refer the Soldier for a medical examination and/or a mental status evaluation in accordance with Army Regulation 40-501 (Standards of Medical Fitness). Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning the deficiencies or medical condition. 2. Army Regulation 40-501 provides the medical fitness standards for retention and separation, including retirement. Paragraph 3-36 (Adjustment Disorders) states that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty. 3. Title 38, United States Code, sections 310 and 331, 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 post service.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. DISCUSSION: 1. The applicant contends her narrative reason for separation should be changed to show she was discharged for a service connected disability. Granting "service-connection" based on disabilities sustained in or aggravated by an individual’s military service is a function of VA. A post-service finding of service connection by the VA is not, generally, evidence of an error on the part of the Army. 2. The evidence of record confirms the applicant was diagnosed with major depressive disorder resulting from long-term difficulties transitioning to the Army. As a result, she was separated under the provisions of paragraph 5-17 of Army Regulation 635-200 for a condition, not a disability. In accordance with regulatory guidance, adjustment disorders do not render an individual unfit because of physical disability, but may be the basis for administrative separation. Her DD Form 214 accurately reflects the entries associated with the type of discharge she received. 3. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016377 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016377 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2