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ARMY | BCMR | CY2001 | 2001055868C070420
Original file (2001055868C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 August 2001
         DOCKET NUMBER: AR2001055868

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. June Hajjar Chairperson
Mr. Thomas F. Baxter Member
Mr. John T. Meixell Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his discharge for personality disorder be corrected to a medical discharge.

APPLICANT STATES: He was approved for a medical discharge based on his knee problem, which his medical records will clearly substantiate.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the Regular Army on 25 August 1982, and was awarded the military occupational specialty of radio operator.

On 26 January 1983 the applicant’s commander submitted a flag (suspension of favorable personnel actions) on the applicant to block his advancement to pay grade E-2. The reason for the flag was "Individual’s duty performance has been such as not to warrant promotion consideration at this time.”

In February 1983 the applicant attempted to commit suicide by ingesting an excessive amount of prescription medication. At that time the applicant reported that he had been suffering from depression due to the death of his father in 1980.

The applicant was diagnosed as having an adjustment disorder with depressed mood and a mixed personality disorder.

On 23 March 1983 the applicant was notified by his commander of his intent to recommend his discharge for personality disorder and of his rights in conjunction with that recommendation. The applicant waived his rights.

On 6 April 1983 the applicant was given a separation physical examination. At that time it was noted that the applicant suffered from knee pain which the examining physician opined was probably from a meniscus tear, but that his knee ligaments were stable. The physician conducting the examination determined that the applicant was medically qualified for separation without any physical profile limitations.

On 18 May 1983 the applicant was honorably discharged due to personality disorder.

Army Regulation 40-501, paragraph 3-35, personality, sexual or factitious disorders; disorders of impulse control not elsewhere classified, and psychoactive disorders, may render an individual administratively unfit rather than unfit because of physical disability. Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels.

Army Regulation 635-200, paragraph 5-13, provides for the separation of enlisted soldiers for personality disorders when the condition is deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the soldier’s ability to perform duty.

DISCUSSION
: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The applicant was determined medically qualified for separation by a physician prior to his discharge. His knee problem was noted and taken into consideration during that examination.

2. The applicant’s behavior and attempted suicide led to him being diagnosed as having a personality disorder. That diagnosis warranted the applicant’s separation for personality disorder.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___jh ___ ____tfb__ ___jtm___ DENY APPLICATION




                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records



INDEX

CASE ID AR
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010816
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.



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