ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20160015251 APPLICANT REQUESTS: his narrative reason for separation be changed from “Condition, Not a Disability’, to “Physical Disability.” APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * On-line Application * Letter from Department of Veterans Affairs FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. While training to deploy with his unit, he was working in the kitchen when he suddenly felt like the wind got knocked out of his body. As he was struggling to breathe he asked someone to get help. After going through many tests, he was sent to mental health. It was determined he had an anxiety disorder. He was placed on medication and told he would be fine. A few weeks later he was told his medication would prevent him from deploying. His supervisor tried to convince him to get off of his medication in order to deploy with the unit; however, he told his supervisor he needed to stay on the medication. His unit deployed without him and he waited for the medical evaluation board (MEB) process to begin. b. He was informed his supervisor wrote a letter indicating he was a poor Soldier and did not deserve to be medically discharged. His supervisor spent a lot of time telling people he should just be pushed out so they could get someone who could actually work. He was told by the rear detachment officer his MEB process could not be continued and he would instead be chaptered out because it would be faster and he could be replaced with a Soldier able to deploy. He tried to fight the chapter, but he couldn’t. c. He was informed his separation was for medical reasons and he would receive all of his benefits. When his separation document was being prepared, he informed the preparer his reason for separation was incorrect and it should indicate a disability; however, he was told there was nothing wrong with him and his only option was to sign on the line. He was forced out of the Army with the wrong separation reason. d. After six months of being discharged, he was rated and awarded a 60 percent service connected disability. He can only receive 70 percent of his education benefits because his condition wasn’t physical. He worked hard to be in the service and informed the Army about everything when he entered. He served honorably and fulfilled as much of his contract as he could. He is not looking to be medically retired, he just wants the terminology changed so he can complete college on a full ride and not have to struggle. e. It was apparent they did not have his best interests in mind and the gross misconduct from his chain of command has left him struggling. The doctor who initially treated him placed him on the anti-psychotic resperidol. He experienced crazy symptoms from high blood pressure to excessive weight gain. He couldn’t focus or stay awake. He was on the medication until 2013. After much therapy, it was determined he should not continue with the medication. He quickly became aware of everything after he stopped taking the medication. He did not know he would lose so much of his school benefits until after he started school in 2015. He could not hold his first job until after he stopped taking the medication. 3. On 1 March 2010, the applicant underwent a mental evaluation and was diagnosed with an Adjustment Disorder. It was noted the applicant’s anxiety was related to predisposing Asperger’s Disorder which is a developmental disorder which existed prior to service. It was determined the applicant met retention standards and did not warrant disposition through medical channels. The applicant was determined to be fit for administrative discharge in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5-17. 4. On 15 March 2010, the applicant’s commander initiated action to separate him under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-17. The commander stated the specific reason for the action was the applicant had been diagnosed with a predisposing Asperger’s Disorder which prevents the applicant from performing his duties in the United States Army. On this same date, the applicant acknowledged receipt of the separation notification memorandum. 5. The applicant was afforded the opportunity to consult with counsel and acknowledged he understood the basis for the contemplated action to separate him under the provisions of Army Regulation 635-200, paragraph 5-17. The applicant waived representation by counsel and elected not to submit statements on his own behalf. 6. On 25 March 2010, an authorized authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 5-17 and directed he be issued an honorable discharge certificate. 7. On 3 April 2010, the applicant was discharged in accordance with the authorized official’s decision. 8. On 17 September 2018, the ABCMR obtained an advisory opinion from a Clinical Psychologist with the Army Review Boards Agency (ARBA), who states, in part, the applicant’s separation under Chapter 5-17 was appropriate and in accordance with Army regulations in existence at the time of his separation from the Army. She further determined the applicant’s military records indicate he did meet medical retention standards and his medical conditions did not warrant separation through medical channels. A copy of the complete medical advisory was provided to the Board for their review and consideration. 10. On 21 September 2018, the applicant was provided a copy of the Advisory Opinion. He did not respond. 11. Army Regulation 635-200 provides for the separation of enlisted personnel. Paragraph 5-17 provides that commanders, who are special court-martial convening authorities, may approve separation actions 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. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, medical concerns, and the medical advisory opinion were carefully considered. Based upon the preponderance of evidence, the Board agreed there was no error or injustice, and the narrative reason for separation at the time of his discharge was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is what the Army did was correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-200 provides for the separation of enlisted personnel. Paragraph 5-17 provides that commanders, who are special court-martial convening authorities, may approve separation actions 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 which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160015251 0 5 1