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ARMY | BCMR | CY2001 | 2001060129C070421
Original file (2001060129C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 October 2001
         DOCKET NUMBER: AR2001060129

         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
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Ms. Shirley L. Powell Chairperson
Mr. Allen L. Raub Member
Mr. Thomas E. O’Shaughnessy, Jr. 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 her records be corrected to show the reason for her discharge as major depressive disorder rather than personality disorder.

APPLICANT STATES: That prior to her depression episode she never suffered from a mental illness and never had social problems. The VA found her disabled on the basis of major depressive disorder. After about ten months of treatment, she was informed that there was never any evidence of a personality disorder. She provides her service medical records, her VA medical records, and a statement from her doctors dated 14 June 2001 as supporting evidence.

EVIDENCE OF RECORD: The applicant's military personnel records are not available. The information contained herein was obtained from alternate sources.

The applicant enlisted in the Regular Army on 29 June 1995. She completed basic training and advanced individual training and was awarded military occupational specialty 91B (Medical Specialist).

The applicant completed a separation physical on 15 February 2000. Her Report of Medical History, SF 93, item 13 indicates that she was treated in December 1999 for depression and personality disorder. Item 25 indicates that she attempted suicide four times in 1999 and had been treated for depression and related problems.

The applicant’s discharge packet is not available.

On 17 March 2000, the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder.

The available service medical records show that the applicant was treated, mostly for knee problems and gynecological problems, numerous times but not for either depression or for a personality disorder.

In August 2000, the VA awarded the applicant a 30 percent disability rating for major depressive disorder.

The 14 June 2001 letter provided by the applicant states that she had been receiving treatment for a major depressive disorder for the last 12 months at the James A. Haley VA Hospital. The attending physicians had never seen any evidence to support the diagnosis of a personality disorder in the applicant. No pattern of instability of interpersonal relationships, self-image, and affects and no marked impulsivity had been noted at any time during her treatment at that facility.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-13 sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interfere with assignment to or performance of duty when so diagnosed by a physician trained in psychiatry and psychiatric diagnosis.

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

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The Board notes that the 14 June 2001 letter provided by the applicant states that she had been receiving treatment for a major depressive disorder for the last 12 months and the attending physicians had never seen any evidence to support the diagnosis of a personality disorder in the applicant. However, a discharge for personality disorder required that a military psychiatrist examine and diagnose the applicant with a personality disorder. In the absence of evidence to show that this diagnosis, made at the time of her separation, was in error the Board presumes that the correct diagnosis was made by competent medical personnel.

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

__slp___ __alr___ __teo___ DENY APPLICATION



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



INDEX

CASE ID AR2001060129
SUFFIX
RECON
DATE BOARDED 20011023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 110.02
2.
3.
4.
5.
6.


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