IN THE CASE OF: BOARD DATE: 4 August 2021 DOCKET NUMBER: AR20210010476 APPLICANT REQUESTS: * physical disability separation or retirement * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * multiple self-authored statements * Initial and or Change in Diagnosis, dated 24 August 2020 FACTS: 1. The applicant states: a. He should have a service-connected, 100 percent disability. He was given an anti-psychotic sleeping pill when he was not psychotic. He has been diagnosed with multiple mental disorders and is also legally blind. His discharge is per paragraph 5-13 or 5-17, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) and he needs it changed to a service-connected disability discharge. b. A personality disorder is when personalities of other people attack his consciousness and take over his normal functions. He was given Seroquel while in the Army, which is an antipsychotic/sleeping pill, but he was not psychotic. He wanted to commit suicide because he was miserable, and that is a normal feeling if someone is miserable. It would be psychotic if he were really happy and had thoughts of suicide because being happy and wanting to commit suicide is completely abnormal and he would consider that psychotic. Being miserable and not wanting to live in that reality is a normal though when miserable and there’s nothing you can do about it. c. So basically, Seroquel was improper to prescribe to him because he was not psychotic and it had an adverse effect on him. It allowed access to his dream state and in turn allowed access from the people in his dreams to his consciousness. It was basically like sleepwalking, but being awake and aware of what you are doing. Most people who sleep walk are not conscious. The only difference is he is awake and has many personalities trying to move hi and give him false feelings that he has every mental disorder there is. He knows the Seroquel gave access to his dreams because he could feel the effects of the sleeping pill part of the medication in his dreams. He was groggy in his dreams. That’s what a personality disorder is. d. Some may only have a few personalities trying to take over, but he has too many to count. That is why he has so many mental disorders. His memory gets blocked and he can feel it is controlled. Sometimes he can remember a full phone number then other times he can’t even remember 3 numbers. He has Tourette’s, bipolar, paranoid schizophrenia, anxiety, and if he were to talk to a doctor about any other disorder he would probably have those symptoms as well. He has such a strong core, or you could call it a third eye, that all these disorders do not fully take over his consciousness, but he is disabled enough to not be able to obtain a job because he can’t remember or have other people’s personalities show through him. e. The remembering part he relates to the Bible, where it says that the devil snatches away dreams, so something in him has the ability to wipe his memory because of the sleepwalking/dream state he is in while still awake. He is not a danger to himself or others and he can take care of himself enough to survive, but he cannot obtain work anywhere due to the personality disorder. It was not too bad when he first got out of the Army, but once he took amphetamine salts in 2017, it gave full access to everything in this reality. Substances can get into his dreams, so when his dopamine was released from the amphetamines, it followed the route of Seroquel and gave access to his consciousness permanently since 2017, when he has been dealing with a flood of personalities in his brain. He is willing to appear before a medical board to better explain this in person and have it understood. f. He does not have a multiple personality disorder because he does not let the other personalities fully take control nor does he agree with the other personalities. Basically, these personalities are all trying to make him feel like they do, but he doesn’t agree with how they feel or act and never strays away from his own personality. He catches his voice changing to other voices and his facial expressions don’t match how he feels. It is just a mess. He has to cover himself to feel comfortable in society. He can’t get a normal job because of his memory and he is so embarrassed by these personalities. He feels as if he is not hirable and that no one wants to be around him. He feels very unattractive and has had a lot of trouble finding a significant other because of all these personalities trying to take over. g. It is so difficult for him to fit in with society and to get a job. That is why he needs a disability, until he can work in his profession, which is martial arts. This is the only job he feels comfortable doing because it is mostly movement without communication and his communication gets disrupted by the other personalities in him. Because of all of the disabling effects of the personality disorder, he is asking for a 10 percent disability rating until he can hopefully earn some money teaching pre-martial arts. He has a patent in progress that can hopefully help with finances, but he can’t raise a family or do anything he wants with just a disability pay of $783.00. 2. The applicant enlisted in the Regular Army on 17 May 2007. 3. A DD Form 2708 (Receipt for Inmate or Detained Person) shows that the applicant was charged with driving under the influence (DUI) and was retained by the Fort Lewis, WA Provost Marshal Office on 12 October 2007, until released to his section chief. 4. Two DA Forms 4856 (Developmental Counseling Form) show, both dated 15 October 2007, show: a. The applicant received developmental counseling from his unit first sergeant on the date of the form, for underage drinking and DUI on 12 October 2007. His first sergeant informed him he was recommending him for action under the Uniform Code of Military Justice (UCMJ). b. The applicant received developmental counseling from his immediate commander on the date of the form, to inform him of his decision to bar him from reenlistment. 5. A DA Form 4126-R (Bar to Reenlistment Certificate) and a Report to Suspend Favorable Personnel Actions (FLAG) show that on 15 October 2007, the applicant received a Bar to Reenlistment and an adverse action flag was initiated. 6. A DA Form 2627 (Record of Proceedings under Article 15, UCMJ) shows the applicant accepted nonjudicial punishment (NJP) under Article 15 of the UCMJ on 19 October 2007, for wrongfully drinking alcohol while under the age of 21 on 12 October 2007. 7. Two additional DA Forms 4856 show he was again counseled on the following occasions for the following infractions: * on 21 November 2007, by Sergeant (SGT) section chief, for failing to follow orders by violating the 45-day restriction to the confines of the battalion area placed on him through NJP action in October 2007 * on 9 January 2008 for failing to show up at his appointed place of duty 8. A Command Directed Evaluation, signed by the Chief, Psychiatry, Madigan Army Medical Center on 16 January 2008, shows: a. The applicant was evaluated at the inpatient psychiatry service, Madigan Army Medical Center for the following behavioral health concerns: suicidal thoughts, homicidal thoughts, anxiety, emotional instability, impulsive behavior, and occupational problems. The results are based on clinical interview, review of medical records, and relevant additional records and collateral interviews. b. The applicant has a preexisting condition of personality disorder, not otherwise specified (NOS) and alcohol abuse, episodic, manifested by a chronic pattern of irritability, impulsivity, aggressive behavior/altercations, anger, failure to conform to social norms, indifference or rationalizing of harm or mistreatment. He reported a long- standing history of maladaptive coping including fist fights and hitting inanimate objects when frustrated. Since joining the Army, he reported chronic, intermittent thoughts of suicide or lashing out at others. This includes thoughts of wanting to harm his immediate supervisor. He reported he is only able to contain his emotions by avoiding situations. This includes lateness to work and not showing up or being where he is supposed to be. His command reported he had a DUI on the first day in the unit after having had him read the safety message to the rest of the Soldiers. He continues to drink episodically despite attending the Army Substance Abuse Program (ASAP). He was hospitalized on inpatient psychiatry due to suicidal/homicidal ideation. While not currently suicidal or homicidal, he relayed he fears he will hurt himself or others if he remains on active duty. c. It was recommended he remain under increased supervision during the day. In addition, it is recommended an order to move into military barracks for a given time period, to avoid the use of alcohol, and to not handle firearms or other weapons. He was to have no contact with SGT d. No changes in duty status were recommended based on this evaluation. The applicant was deemed to have the mental capacity to understand and participate in any proceedings, was mentally responsible, met the psychiatric retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, and did not require medical disposition. e. Based on the results of the evaluation, the applicant was recommended for administrative separation in accordance with Army Regulation 635-200, chapter 5-13. The applicant did not have a severe mental disorder; however, he manifested a long- standing disorder of character, behavior, and adaptability that was of such severity as to preclude adequate military service. His personality disorder would likely not respond to command efforts at rehabilitation or any treatment methods currently available in any military mental health facility. 9. A DA Form 3822-R (Report of Mental Status Evaluation), dated 17 January 2008, shows: a. A mental status evaluation was requested for the applicant due to being considered for discharge because of personality disorder. b. The applicant was diagnosed with adjustment disorder with mixed features/conduct; alcohol abuse, episodic; and personality disorder, NOS for which follow up treatment was recommended. c. He was considered potentially dangerous and as a precaution was to be ordered to move into barracks, have increased supervision, no weapons or live fire access, no use of alcohol, and no contact with SGT d. The applicant was deemed to meet the psychiatric criteria for expeditious separation under the provisions of Army Regulation 635-200, paragraph 5-13. 10. A second DA Form 2627 shows the applicant again accepted NJP under Article 15 of the UCMJ on 25 February 2008, for failing to go to his appointed place of duty on 6 February 2008. 11. On 26 January 2008, the applicant was notified by his immediate commander of his initiation of action to honorably separate him under the provisions of Army Regulation 635-200, paragraph 5-13, because of personality disorder. He was advised of his right to consult with counsel and submit statements in his own behalf. 12. On 3 March 2008, the applicant acknowledged consultation with counsel and receipt of notification of the proposed action to separate him under the provisions of Army Regulation 635-200, paragraph 5-13, due personality disorder. He did not submit statements in his own behalf and requested representation by consulting counsel. 13. On 3 March 2008, his battalion commander recommended approval of the applicant’s honorable discharge under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder. 14. On 5 March 2008, the approval authority directed the applicant’s honorable separation under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder. 15. The applicant’s original DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 24 March 2008, after 10 months and 8 days of net active service, under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder. 16. On 6 February 2018, the applicant applied to the Army Discharge Review Board (ADRB), requesting to change the narrative reason of his discharge to service- connected disability. On 30 September 2018, the ADRB determined the applicant’s discharge was inequitable and voted to issue the applicant a new DD Form 214 to reflect a change to the authority of his discharge to Army Regulation 635-200, paragraph 5-17 and his reason for discharge to condition, not a disability. 17. On 29 November 2018, the applicant’s prior DD Form 214 was voided and he was issued a new DD Form 214, reflecting the following: * item 26 (Separation Authority) Army Regulation 635-200, paragraph 5-13 or 5-17 * item 28 (Narrative Reason for Separation) Condition, not a disability 18. The applicant provided a document of unknown source, titled, “Initial and or Change in Diagnosis,” dated 24 August 2020, which shows two listed diagnoses of schizophrenia and unspecified personality disorder and two diagnoses which have been blacked out. 19. Based on the applicant’s condition the Army Review Boards Agency medical staff provided a medical review for the Board members. See ?MEDICAL REVIEW? section. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s military service records. A review of the Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Solutions (HAIMS) indicates he was seen on 10 Jan 2008 for an initial evaluation. He reported being diagnosed with ADHD and took Adderall until 16 years of age. He stated he was being seen in the Army Substance Abuse Program (ASAP) due to underage drinking and a DUI in October 2007. He reported having sudden rages and thoughts of hurting himself or others with no intent. He reported depressed mood and anxiety for past few months since DUI. He reported continuing to drink despite requirement of ASAP treatment to abstain. He was diagnosed with Adjustment Disorder and Depressed Mood. He was psychiatrically hospitalized on 11 Jan 2008 due to continued thoughts of hurting himself or others. During his hospitalization, he reported being physically and emotionally abused by his alcoholic father. He was discharged from the hospital and placed in the step down intensive outpatient program. On 16 Jan 2008, he seen for a command directed behavioral health evaluation. The applicant reported a long history of maladaptive coping including fist fights and hitting inanimate objects when frustrated. The psychiatrist diagnosed him with a preexisting condition of Personality Disorder, not otherwise specified (NOS) and recommended administrative separation. The psychiatrist noted the applicant was unable/unwilling to adapt to military service and desired to leave the military. The applicant met retention standards IAW AR 40-501. The psychiatrist completed the required DA3822 on 17 Jan 2008 for the chapter packet. On 25 Jan 2008, his outpatient provider noted the applicant reported he was doing better and was no longer suicidal as he was pending chapter separation which he viewed as positive. He participated in group sessions with his last group on 7 Mar 2008. A billing form indicates billing diagnoses of Schizophrenia and Unspecified Personality Disorder with 2 diagnoses blacked out. There are no further records to indicate if this is a primary care clinic or from a behavioral health provider. The document was modified by a nurse practitioner on 24 August 2020. A review of JLV indicates he was seen as a mental health walk-in on 3 Dec 2020. He reported daily polysubstance abuse to include marijuana, cocaine, heroin, spice, and amphetamines. On 15 Mar 2021, he completed an evaluation. He reported continued polysubstance abuse. He reported childhood conduct disordered behaviors (fire starting, injuring animals and school suspensions). Provider noted a recent history of the applicant doctor shopping because “I go to the doctor that gives me what I want.” On 28 Jun 2021, he reports continued polysubstance abuse and being diagnosed with Borderline Personality Disorder, Bipolar, and Schizophrenia by a civilian provider. He was diagnosed with Schizoaffective Disorder and Psychoactive Substance Abuse. He has a service connected disability rating of 90% with 70% for Schizoaffective Disorder effective as of 14 Aug 2020. In accordance with the 3 Sep 2014 Secretary of Defense Liberal Guidance Memorandum and the 25 Aug 2017, Clarifying Guidance there is documentation to support a behavioral health diagnosis at the time of his discharge. The applicant was in behavioral health treatment and observed during a brief inpatient admission and met retention standards IAW AR 40-501 at the time of his discharge. Medical retirement/disability is not warranted. It is acknowledged that the applicant has a service-connected disability rating for Schizoaffective Disorder. This determination alone, however, does not automatically mean that military medical disability/retirement is warranted. It is important to understand that the VA operates under different rules, laws, and regulations when assigning disability percentages than the Department of Defense (DoD). In essence, the VA will compensate for all disabilities felt to be unsuiting. The DoD does not compensate for unsuiting conditions but rather for conditions that are determined to be unfitting. In addition, the role of compensating for post-separation progression or complications of service-connected conditions was granted by Congress to the Department of Veterans Affairs and not a function or role of the DoD. The applicant was diagnosed with Schizoaffective Disorder approximately 10 years after his discharge subsequent to a significant period of polysubstance abuse. However, at the time of his discharge he met retention standards thus military disability/medical retirement is not warranted. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records, a medical advisory opinion and regulatory guidance. The Board considered the applicant's statement, his record of service, medical records, documents provided by the applicant and the review and conclusions of the advising official. Evidence in the record show the applicant’s DD Form 214 was corrected in 2018 to show his discharge was a condition, not a disability. The Board determined there was no error or injustice to support the applicant going before a MMRB. Therefore, relief was denied. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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. REFERENCES: 1. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-13 (Separation because of personality disorder), states a service member may be separated for personality disorder not amounting to disability that interferes with assignment to or performance of duty when so diagnosed by a medical authority. A Soldier being separated under this section will be awarded a character of service of honorable, under honorable conditions, or an entry-level separation. b. Paragraph 5-17 (Other designated physical or mental conditions) states a service member may be separated for other designated 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 sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. A Soldier being separated under this section will be awarded a character of service of honorable, under honorable conditions, or an entry-level separation. 2. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the Army physical disability evaluation system and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. b. The disability evaluation assessment process involves two distinct stages: the MEB and PEB. The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability either are separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retired pay and have access to all other benefits afforded to military retirees. c. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 3. Army Regulation 635-40 establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. 4. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. 5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010476 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1