ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2019 DOCKET NUMBER: AR20170019230 APPLICANT REQUESTS: the following corrections of his DD Form 214 (Certificate of Release or Discharge from Active Duty): * correction to item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Global War on Terrorism Service Medal (GWOTSM) * correction to item 28 (Narrative Reason for Separation) to read, "Disability, Service Connected, PDBR" instead of "Disability, Existed Prior to Service, PEB" APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) 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 Board will not consider the applicant's request for the GWOTSM, this portion of the Applicant's request will be addressed through an administrative correction. 3. The applicant states, in effect, that his narrative reason for separation should be corrected based on the decision rendered by the Physical Disability Board of Review (PDBR), which was approved by the Secretary of the Army. 4. The applicant's record contains a DD Form 214 for the period 23 March 2000 through 11 March 2003. His DD Form 214 contains the following entries: * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Honorable * Item 25 (Separation Authority) – Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), Paragraph 4-24B(4) * * Item 26 (Separation Code) – JFM * Item 28 (Narrative Reason for Separation) – Disability, Existed Prior to Service (EPTS), Physical Evaluation Board (PEB) 5. On 9 September 2006, the PDBR completed a Record of Proceedings (ROP) to consider the applicant's contention that his condition was incurred in service. The PDBR's ROP states: a. Analysis Summary: Bipolar Disorder. According to service treatment records (STR) and the Medical Evaluation Board (MEB) narrative summary (NARSUM), the [applicant's] bipolar disorder condition began in the summer of 2002 after difficulties with his command… The MEB forwarded Bipolar II Disorder for PEB adjudication. The MEB NARSUM examination on 31 October 2002, 5 months prior to separation, noted the first anti-depression medication prescribed had precipitated hypomania. It was discontinued and a mood stabilizing medication was started… He was stable on his medication but still had episodes of depression. A mental status exam (MSE) was essentially normal. A diagnosis of bipolar II disorder was rendered with a Global Assessment of Functioning (GAF) score of 55-60 (moderate symptoms, impairment). The examiner opined the [applicant] would be able to function adequately with medication in a non-military environment. At the [Department of Veterans Affairs] VA Compensation and Pension (C&P) examination in April 2003, performed 1 month after separation… [shows a] Diagnoses of bipolar disorder and panic disorder mild, were rendered with a GAF of 51 (moderate symptoms, impairment). The PEB determined the bipolar disorder condition existed prior to service (EPTS), coded 9432 (Bipolar Disorder), citing a history of depression and suicidal attempt prior to entry on active duty and no evidence of permanent service aggravation. The VA assigned a 30% rating using the same 9432 code based on the VA C&P examination 1 month after separation, citing occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks. Application of VASRD §4.129 is considered by the [PDRB] for all cases of service connected psychiatric conditions resulting in separation; but, all members agreed that the 'highly stressful event' requisite for §4.129 was not satisfied in this case. The STR showed no findings at entrance into the Army of bipolar disorder and noted he had been diagnosed and treated for adjustment disorder on August 2001. The NARSUM noted that bipolar disorder was not diagnosed until September 2002 and the diagnosis was made in relationship to the use of an anti- depression medication, Wellbutrin. These findings do not support the EPTS designation by the PEB… The [PDRB] considered an appropriate §4.130 rating. The §4.130 criteria for a 10% rating is "occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, or, symptoms controlled by continuous medication." b. Board Findings: "In the matter of the bipolar condition, the Board unanimously recommends a disability rating of 10%, coded 9432 [in accordance with] VASRD §4.130. There were no other conditions within the Board's scope of review for consideration. The Board recommends that the [applicant's] prior determination be modified as follows, effective as of the date of the prior medical separation": * Condition – Bipolar Disorder * VASRD Code – 9432 * Permanent Rating – 10% 5. On 20 December 2016, the Deputy Assistant Secretary of the Army (Review Boards), published a memorandum stating, "I have reviewed the enclosed Department of Defense Physical Disability Board of Review (DoD PDBR) recommendation and record of proceedings pertaining to the subject individual. Under the authority of Title 10, United States Code, section 1554a, [I] accept the Board's recommendation to modify the individual's disability rating to 10% without re-characterization of the individual's separation. This decision is final." 6. On 3 February 2017, the USAPDA sent the applicant a letter, which states, "Your original separation has been amended, modifying your rating to 10% without recharacterization to your separation… Your severance pay amount is not affected by this change, because severance pay is not based on your rating." 7. Army Regulation 635-40, paragraph 4-24b, in effect at the time of the applicant's separation, states based upon the final decision of USAPDA, PERSCOM (Currently, the U.S. Army Human Resources Command) will issue retirement orders or other disposition instructions as follows: a. Paragraph 4-24b(3) states, "Separation for a physical disability with severance pay..." b. Paragraph 4-24b(4) states, "Separation for physical disability without severance pay…" 8. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time of the applicant's separation provides the following separation codes: a. SPD Code "JFL," (Disability, Severance Pay) is used for involuntary discharge under the provisions of Army Regulation 635-40, paragraph 4-24b(3). a. b. SPD Code "JFM," (Disability, ETPS, PEB) is used for involuntary discharge under the provisions of Army Regulation 635-40, paragraph 4-24b(4). BOARD DISCUSSION: 1. Narrative Reason: After reviewing the application and all supporting documents, the Board found that relief was warranted to correct the narrative reason on DD214; the Board found that there was evidence that the preexisting Bipolar Disorder was exacerbated by military service. The Board noted that on 3 February 2017, the USAPDA letter to the applicant indicated that the applicant’s original separation was amended, modifying the applicant’s rating to 10% and leaving the characterization as “Honorable”. However, there was no mention in the USAPDA letter about the narrative reason. The Board found evidence of an error in the narrative reason on the DD214 dated 20030331 in light of the 2017 amendment to orders issuing the applicant a 10% disability rating. 2. Severance Pay: The board agreed since the applicant’s new disability rating was 10%, the applicant should have received severance pay. However, the Board discussed that the VA would deduct severance pay from the VA payments it provides to the applicant (VA rating 30% disabled for the subject disorder). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 1. Reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) with the following amendments: 1. a. “JFL” will be entered in item 26 (Separation Code), and b. “Disability, Severance Pay,” will be entered in item 28 (Narrative Reason for Separation). 2. While the decision is ultimately the applicant's, the Board recommends not awarding the applicant severance pay because it may create a financial hardship for the applicant if the VA were to decrement VA payments by the severance pay amount. 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. ADMINISTRATIVE NOTE(S): Make the following administrative corrections to the applicant's DD Form 214: * Item 12f (Foreign Service) – add the entry, "00 06 01" * Item 13 – add the following awards: * Global War on Terrorism Expeditionary Medal * Global War on Terrorism Service Medal * 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 635-40, paragraph 4-24b, in effect at the time of the applicant's separation, states based upon the final decision of USAPDA, perscom (Currently, the U.S. Army Human Resources Command) will issue retirement orders or other disposition instructions as follows: a. Paragraph 4-24b(3) states, "Separation for a physical disability with severance pay..." b. Paragraph 4-24b(4) states, "Separation for physical disability without severance pay…" 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time of the applicant's separation provides the following separation codes: a. SPD Code "JFL," (Disability, Severance Pay) is used for involuntary discharge under the provisions of Army Regulation 635-40, paragraph 4-24b(3). b. SPD Code "JFM," (Disability, ETPS, PEB) is used for involuntary discharge under the provisions of Army Regulation 635-40, paragraph 4-24b(4).