IN THE CASE OF: BOARD DATE: 4 December 2008 DOCKET NUMBER: AR20080014293 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 that his uncharacterized discharge be upgraded to an honorable discharge. 2. The applicant states that he was going through a rough time with the loss of his father and brother. He wanted to stay in the Army and make it a career. He now has medical problems that are related to his military service and he needs some assistance with his medical problems. 3. The applicant provides a copy of his separation document (DD Form 214), a statement dated 10 July 2008, and a State of North Carolina Criminal Record Search dated 10 June 2008. 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's personnel record shows that he enlisted in the Regular Army on 11 January 1990. He did not complete the necessary training to be awarded a military occupational specialty. 3. On 29 January 1990, the applicant's commander notified the applicant of his intent to recommend his separation under the provisions of Army Regulation   635-200 (Personnel Separation), paragraph 5-13a, for personality disorder. The reason for his proposed action was the applicant had been diagnosed as having a schizotypal personality disorder, severe. It was highly unlikely that further rehabilitative efforts, counseling or punishment would have had a beneficial effect upon the applicant. 4. The applicant was advised of the rights available to him and the effects of a discharge under honorable conditions. He was also informed that he may expect to encounter substantial prejudice in civilian life in the event a general discharge was issued to him. He was advised of his right to counsel, his right to submit a statement in his own behalf and his right to be represented by counsel. The commander also explained the applicant's waiver privileges and the withdrawal of waiver privileges. He understood that if he received a discharge/character of service which was less than honorable, he could make application for an upgrade of his discharge to the Army Discharge Review Board or the Army Board for Correction of Military Records. However, he realized that an act of consideration by either board did not imply that his discharge would be upgraded. The applicant acknowledged receipt of the recommendation. 5. The applicant was psychiatrically cleared for any administrative action deemed appropriate by the commander. 6. On 31 January 1990, the commander's recommendation to separate the applicant was approved by the appropriate authority. 7. On 5 February 1990, the applicant was discharged for personality disorder, and received a characterization of service as uncharacterized. He had completed 25 days of active service. 8. There is no evidence that the applicant applied to the Army Discharge Review Board for upgrade of his discharge within its 15-year statute of limitations. 9. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a soldier may be separated for personality disorder, not amounting to disability under Army Regulation   635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldiers ability to perform duty. The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the soldier’s ability to function in the military environment is significantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under chapter   4, 5, 7, 9, 10, 11, 13, 14, or 15; Army regulation 604-10 or Army Regulation  635-40. 10. Army Regulation 635-200, paragraph 3-9, specifies that soldiers who are within the first 180 days of their enlistments when separation processing is started will normally receive an uncharacterized entry level separation. The only authorized exceptions are in those cases where an under other than honorable conditions discharge is authorized and or warranted or when the Secretary of the Army determines on a case by case basis that an honorable discharge is warranted by unusual circumstances involving the individual's personal conduct and performance of duty. However, such honorable discharges may be applied only in cases involving changes in service obligation, convenience of the Government and secretarial plenary authority. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his uncharacterized discharge should be upgraded to an honorable discharge. 2. There is no evidence of an error or injustice in the applicant's records. The applicant's discharge was equitable and proper. His commander considered it necessary to recommend that he be discharged due to his inability to cope with military lifestyle and also, the applicant was diagnosed as having a schizotypal personality disorder, severe. 3. The applicant was within his first 180 days of active service; therefore, an uncharacterized discharge is appropriate. 4. The applicant states that he was going through a rough time due to the lost of his father and brother. However, there is no evidence to show that the lost of his father and brother was the cause of his unusual behavior. As such, there is no basis to upgrade the applicant's uncharacterized discharge to an honorable discharge. BOARD VOTE: ________ ________ ________ 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 that 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. ABCMR Record of Proceedings (cont) AR20080014293 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080014293 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1