Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Ms. June Hajjar | Chairperson | |
Mr. Thomas F. Baxter | Member | |
Mr. John T. Meixell | Member |
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
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. |
ARMY | BCMR | CY2001 | 2001060129C070421
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. APPLICANT REQUESTS: That...
ARMY | BCMR | CY2007 | 20070008575C080213
The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty); a VA Form 21-4139 (Statement in Support of Claim); and a copy of his service medical records. Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. There is no evidence to show that his depression or anxiety prevented him from performing his duties.
ARMY | BCMR | CY2003 | 2003085559C070212
APPLICANT STATES : In effect, that contrary to the Board’s original Memorandum of Consideration, he was not given any mental status evaluations in the year 2000, “let alone March 6 th 2000” as the Board noted. As noted in the Board’s previous action, the applicant’s commander initiated actions to administratively separate the applicant from active duty under the provisions of Army Regulation 635-200, paragraph 5-13 (personality disorder) on 28 March 2000. The Board notes that the December...
ARMY | BCMR | CY2003 | 2003086462C070212
On 19 July 2002 the applicant requested that the Army Discharge Review Board change the reason for his discharge from personality disorder to physical disability retirement or separation, citing the evidence contained in the above mentioned psychologist's evaluation report and the Department of Veterans Affairs disability rating. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated. Consequently, due to the two concepts...
ARMY | BCMR | CY2001 | 2001059786C070421
It states that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits. The applicant’s contention that had his “mental” condition been recognized prior to his entry on active duty he would never have been allowed to enlist, is noted. Conditions which are determined to have existed prior to an individual’s entry on active duty, which subsequently serve as a basis for their...
ARMY | BCMR | CY2013 | 20130021983
The applicant requests correction of his record to show he was discharged due to post-traumatic stress disorder (PTSD) with depression and a personality disorder. The VA examiner reported that you had a mental condition (PTSD) prior to service due to stressors you had experienced, particularly the death of friends in a motorcycle accident. The examiner stated that you had symptoms of both PTSD and a personality disorder.
ARMY | BCMR | CY2012 | 20120019264
The notes indicated she was previously diagnosed with Personality Disorder during care at the VA. c. There is insufficient information available from her time in service to determine the support for a diagnosis of Borderline Personality Disorder. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. The Army must find...
ARMY | BCMR | CY2001 | 2001059524C070421
APPLICANT REQUESTS : In effect, reconsideration of his application to correct his records by purging all references to his courts-martial from his records, reinstating his rank and granting him physical disability retirement. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA...
ARMY | BCMR | CY2001 | 2001058709C070421
The applicant did have a slight hearing problem but there is no evidence to show that his hearing loss was disabling or that it affected his duty performance. The PEB also determined that although the applicant had chronic knee pain, his knee was normal according to x-rays and MRI. The evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and that his 10 percent disability rating for bipolar disorder and his zero percent rating for...
ARMY | BCMR | CY2006 | 20060004190C070205
The PA stated that the applicant was currently undergoing a MEB by the Army to determine his fitness for duty status. Evidence of record shows that the applicant experienced medical issues as early as 1982 when he attempted suicide. Evidence of record shows that the applicant's medical condition did not prevent him from performing his military duties.