IN THE CASE OF:  

		BOARD DATE:  6 October 2021

		DOCKET NUMBER:  AR20200006602


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) as follows:

*	Block 26 (Separation Code), from JFV to something else
*	Block 28 (Narrative Reason for Separation) from "Condition, Not a Disability" to 
"Disability" 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 293 (Application for the Review of Discharge from the Armed Forces of 
the United States)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Driver License
*	Department of Veterans Affairs rating decision 

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code, section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) 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 he is currently service connected at 40%: 10% for foot injury 
and 30% for NREM (Non-rapid eye movement) sleep arousal disorder, sleep walking 
type. The NREM Sleep arousal disorder sleep walking type was the disability that the 
Army discharged him for. His current DD 214 states that he was discharged "Condition 
not a disability" and is incorrect. He wants to update blocks 26 and 28 for separation 
due to a disability. The current inaccurate status of his current DD Form 214 is affecting 
his ability to refinance a VA loan that he already has on his house and they will continue 
to deny his refinance request.



3.  Review of the applicant's service records shows: 

	a.  He enlisted in the U.S. Army Reserve on 19 August 2010. He entered active duty 
on 10 January 2011. He was assigned to Fort Benning, GA for completion of Officer 
Candidate School (OCS). 

	b.  On 23 June 2011, he underwent a command-referred mental status evaluation. 
His DA Form 3822 (Report of Mental Status Evaluation) shows he was found fit for duty. 
The Behavioral Health Provider/Supervisor stated: 

		(1)  The applicant can understand and participate in administrative proceedings 
and can appreciate the difference between right and wrong. He meets medical retention 
requirements (i.e., does not qualify for a Medical Evaluation Board). 

		(2)  He was evaluated as a command directed referral to evaluate fitness for 
duty. The evaluation included a comprehensive review of records and clinical interview. 
The Soldier denies any acute safety issues. He has been diagnosed with sleepwalking 
disorder and confused arousal by medical providers. Review of records and information 
obtained during the clinical interview are consistent with a diagnosis of Sleepwalking 
Disorder. In accordance with Army Regulation (AR) 635-200 (Active Duty Enlisted 
Administrative Separations), he is recommended for separation under Chapter 5-17. In 
many military environments, there is a high probability that a negative event could occur 
should sleepwalking or confused arousal occur. His condition would not be eligible for 
disability, thus a referral for a medical evaluation board (MEB) is not needed at this 
time.

		(3)  He is cleared for administrative separation under AR 635-200 Chapter 5-17. 
His diagnosis was Axis I: Sleepwalking Disorder and Axis II: Diagnosis deferred.

	c.  On 13 July 2011, the applicant underwent a separation physical. The medical 
provided noted the applicant's sleep walking, and qualified him for service. 

	d.  On 18 July 2011, his OCS training commander initiated action to disenroll him 
from OCS. He stated that the applicant diagnosed with Axis I: Sleepwalking Disorder. 
His condition will significantly interfere with his performance of duty, not only at Officer 
Candidate School, but with the Army. Soldier will be separated from the military in 
accordance with Chapter 5-17, AR 635-200. He added that the applicant is definitely not 
recommended for OCS attendance at a later date. He is administratively relieved from 
OCS and will not be eligible for attendance at a later date.  

	e.  On 20 July 2011, the applicant's immediate commander notified the applicant of 
his intent to separate her from the Army in accordance with chapter 5-17 (Other 
Designated Physical or Mental Conditions) of AR 635-200. The specific reason for 
action recommended: he was diagnosed with a Sleepwalking Disorder. The commander 
recommended an honorable discharge.  

	f.  The applicant acknowledged receipt of the foregoing notice from his commander.  
He consulted with counsel and indicated he had advised of the contemplated action to 
separate him for an Other Designated Physical or Mental Condition under Chapter 5-17, 
AR 635-200, and he had been informed of the rights available to him under the 
regulation. 

*	he indicated his understanding that he was not entitled to an administrative 
separation board (he had less than 6 years of total military service) 
*	he indicated a statement in his own behalf was not submitted 
*	he understood that if he received a discharge/character of service that is less 
than honorable, he may make application to the Army Discharge Review 
Board or the Army Board for Correction of Military Records for upgrading; 
however, he realized that an act of consideration by either board does not 
imply that his discharge would be upgraded

	g.  Subsequently, the immediate commander initiated separation action against the 
applicant under the provisions of chapter 5-17 (other designated physical or mental 
condition) of AR 635-200. His intermediate commander recommended approval.

	h.  On 8 August 2011, the separation authority approved the proposed separation 
case applicable to the applicant and ordered he would receive an honorable discharge, 
under the provisions of AR 635-200, Chapter 5-17. 

	i.  The applicant was accordingly discharged on 9 August 2011. His DD Form 214 
(Certificate of Release or Discharge from Active Duty) shows he was discharged under 
the provisions of paragraph 5-17 of AR 635-200 due to a condition, not a disability. He 
completed 7 months of active service. His DD Form 214 shows in: 

*	Block 25 (Separation Authority) - AR 635-200, Paragraph 5-17
*	Block 26 (Separation Code) - JFV
*	Block 28 (Narrative Reason for Separation), Physical Condition, Not a 
Disability

4.  On 8 October 2020, the VA informed him that his service connection for NREM sleep 
arousal disorder, sleepwalking type (claimed as sleeping disorder claimed as 
nightmares and sleepwalking) is granted with an evaluation of 30% effective May 29, 
2020. His combined rating evaluation is: 10% effective 10 August 2011, and 40% 
effective 29 May 2020. 

5.  By regulation (AR 635-200), paragraph 5-17, states commanders may approve 
separation under this paragraph based on 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.

6.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most 
recent period of continuous active duty. It provides a brief, clear-cut record of all current 
active, prior active, and prior inactive duty service at the time of release from active 
duty, retirement, or discharge. The information entered thereon reflects the conditions 
as they existed at the time of separation. The specific instructions for

*	Block 25, Separation Authority, obtain correct entry from regulatory or directives 
authorizing the separation
*	Block 26, Separation Code, obtain correct entry from AR 635–5–1, which 
provides the corresponding separation program designator code for the 
regulatory authority and reason for separation 
*	Block 28, Narrative Reason for Separation, this is based on regulatory or other 
authority and can be checked against the cross reference in AR 635–5–1 

7.  By regulation (AR 635-5-1), Separation Program Designator Code JFV is the 
appropriate code to assign to enlisted Soldiers who are administratively discharged 
under the provisions of AR 635-200, paragraph 5-17, based on a condition, not a 
disability.

8.  The Army rates only conditions determined to be physically unfitting at the time of 
discharge, which disqualify the Soldier from further military service. The Army disability 
rating is to compensate the individual for the loss of a military career. The VA does not 
have authority or responsibility for determining physical fitness for military service. The 
VA may compensate the individual for loss of civilian employability.

9.  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. However, 
an award of a VA rating does not establish an error or injustice on the part of the Army.  

10.  Title 38, CFR, Part IV is the VA’s schedule for rating disabilities. The VA awards 
disability ratings to veterans for service-connected conditions, including those conditions 
detected after discharge. As a result, the VA, operating under different policies, may 
award a disability rating where the Army did not find the member to be unfit to perform 
his duties. 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.

11.  MEDICAL REVIEW:

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  

    a.  The applicant is applying to the ABCMR requesting that his discharge be 
upgraded from uncharacterized and, in essence, a referral to the Disability Evaluation 
System (DES).  He states:

“I'm currently service connected at 40%: 10% for foot injury 30% for NREM Sleep 
arousal disorder, sleep walking type.  The NREM Sleep arousal disorder sleep 
walking type was the disability that the army discharged me for.  My Current DD 
214 States that I was discharged "Condition not a ‘disability’ and is incorrect.”

    b.  The Record of Proceedings details the applicant’s military service and the 
circumstances of the case.  His DD 214 for the period of Service under consideration 
shows the former USAR Soldier entered the regular Army on 10 January 2011 and was 
discharged on 9 August under the separation authority provided by paragraph 5-17 of 
AR 635-200, Active Duty Enlisted Administrative Separations (17 December 2009): 
Other designated physical or mental conditions.  

    c.  Paragraph 5-17a of AR 635-200:

Commanders specified in paragraph 1–19 may approve separation under this 
paragraph on the basis of other physical or mental conditions not amounting to 
disability (AR 635–40) and excluding conditions appropriate for separation 
processing under paragraph 5–11 or 5–13 that potentially interfere with 
assignment to or performance of duty.  Such conditions may include, but are not 
limited to —
(1) Chronic airsickness.
(2) Chronic seasickness.
(3) Enuresis.
(4) Sleepwalking.
(5) Dyslexia.
(6) Severe nightmares.
(7) Claustrophobia.
(8) Transsexualism/gender transformation in accordance with AR 40-501 
paragraph 3-35.
(9) Other disorders manifesting disturbances of perception, thinking, 
emotional control or behavior sufficiently severe that the Soldier’s ability to 
effectively perform military duties is significantly impaired.

    d.  Review of the applicant’s AHLTA health records shows he was first seen for sleep 
waking on 19 April 2011.  From this initial encounter:

(1)	“He does report a remote history of similar symptoms that occurred during 
college that also seem to be related to being late for class, missing test etc.  
Patient was previously seen for symptoms and given a trial of Atarax with no 
improvement.  

(2)	He is here today to request medical evaluation for a sleep disorder.  
Symptoms have changed pt feels that symptoms are getting progressively 
worse.”

    e.  On 20 July 2011, the applicant was informed of and acknowledged his 
commander’s initiation of separation action under paragraph 5-17 of AR 635-200.  The 
commander stated “The reasons for my proposed action are:  Soldier was diagnosed 
with Axis I: Sleepwalking Disorder.”  The applicant waived all rights.  

    f.  His uncharacterized discharge under paragraph 5-17 of AR 635-200 was approved 
by the brigade commander on 8 August 2011.    

    g.  Paragraph E5.1.2.1 in enclosure 5 of Department of Defense Instruction 1332.38 
Subject: Physical Disability Evaluation (14 November 1996) states:

“Certain conditions and defects of a developmental nature designated by the 
Secretary of Defense do not constitute a physical disability and are not ratable in 
the absence of an underlying ratable causative disorder.”

    h.  Paragraph E5.1.3.2 classifies “Sleepwalking and/or Somnambulism” as a one 
such developmental condition.

    i.  The applicant received an uncharacterized discharge.  This is given to individuals 
who separate prior to completing 180 days of military service, or when the discharge 
action was initiated prior to 180 days of service.  Through no fault of his own, he simply 
had a medical condition which was, unfortunately, not compatible with military service.  

    j.  It is the opinion of the Agency Medical Advisor that neither an upgrade of his 
discharge nor a referral of his case to the DES is warranted.  

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board determined 
that relief was not warranted.  The Board carefully considered applicant’s contentions, 
military record, and regulatory guidance.  The Board reviewed and concurred with the 
medical review. Documentation available for review shows the applicant was medically 
evaluated and determined to have a sleep condition that could potentially interfere with 
his assignment to or performance of duty. Subsequently, he was separated in 
accordance with applicable regulatory guidance prior to completing the initial 180 days 
of service as properly reflected on the supporting DD214.

2.  Although the Department of Veterans Affairs awarded the applicant a service 
connected rating of 40%, the rating does not establish error or injustice on the part of 
the Army.  The Army rates only conditions determined to be physically unfitting at the 
time of discharge which disqualify the Soldier from further military service.  The VA does 
not have the authority or responsibility for determining physical fitness for military 
service.  The VA awards disability ratings to veterans for service-connected conditions, 
including those conditions detected after discharge, to compensate the individual for 
loss of civilian employability.  These two government agencies operate under different 
policies.  Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime













BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

: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.


REFERENCES:

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 ABCMR to excuse an applicant's failure 
to timely file within the 3 year statute of limitations if the Army Board for Correction of 
Military Records (ABCMR) determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides 
for the separation of enlisted personnel from active duty. Paragraph 5-17, states 
commanders who are special court-martial convening authorities may approve 
separation under this paragraph based on 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.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the 
separation documents that must be prepared for Soldiers upon retirement, discharge, or 
release from active duty service or control of the Active Army. It established 
standardized policy for preparing and distributing the DD Form 214. The DD Form 214 
is a summary of the Soldier's most recent period of continuous active duty. It provides a 
brief, clear-cut record of all current active, prior active, and prior inactive duty service at 
the time of release from active duty, retirement, or discharge. The information entered 
thereon reflects the conditions as they existed at the time of separation. The general 
instructions stated all available records would be used as a basis for preparation of the 
DD Form 214. The specific instructions for

	a.  Block 25, Separation Authority, obtain correct entry from regulatory or directives 
authorizing the separation

	b.  Block 26, Separation Code, obtain correct entry from AR 635–5–1, which 
provides the corresponding separation program designator code for the regulatory 
authority and reason for separation. 

	c.  Block 28, Narrative Reason for Separation, this is based on regulatory or other 
authority and can be checked against the cross reference in AR 635–5–1. 

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 
the specific authorities (regulatory or directive), reasons for separating Soldiers from 
active duty, and the SPD code to be entered on the DD Form 214. It identifies SPD 
code JFV as the appropriate code to assign to enlisted Soldiers who are 
administratively discharged under the provisions of Army Regulation 635-200, 
paragraph 5-17, based on a condition, not a disability.

5.  Title 38, U.S. Code 1110 (General - Basic Entitlement) states for disability resulting 
from personal injury suffered or disease contracted in line of duty, or for aggravation of 
a preexisting injury suffered or disease contracted in line of duty, in the active military, 
naval, or air service, during a period of war, the United States will pay to any veteran 
thus disabled and who was discharged or released under conditions other than 
dishonorable from the period of service in which said injury or disease was incurred, or 
preexisting injury or disease was aggravated, compensation as provided in this 
subchapter, but no compensation shall be paid if the disability is a result of the veteran's 
own willful misconduct or abuse of alcohol or drugs.

6.  Title 38 U.S. Code 1131 (Peacetime Disability Compensation - Basic Entitlement) 
states for disability resulting from personal injury suffered or disease contracted in line 
of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of 
duty, in the active military, naval, or air service, during other than a period of war, the 
United States will pay to any veteran thus disabled and who was discharged or released 
under conditions other than dishonorable from the period of service in which said injury 
or disease was incurred, or preexisting injury or disease was aggravated, compensation 
as provided in this subchapter, but no compensation shall be paid if the disability is a 
result of the veteran's own willful misconduct or abuse of alcohol or drugs.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200006602


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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