| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Melinda M. Darby | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That the Narrative Reason for Separation, Separation Code, and Reentry (RE) Code on his report of separation (DD Form 214), be changed to a more favorable code and that his rank be restored.
APPLICANT STATES: In effect, that he was unjustly discharged based on a personality disorder; however, he was evaluated by physicians at the Department of Veterans Affairs and was told that he does not have a personality disorder. He goes on to state that he has been unable to obtain employment because of his discharge.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Nashville, Tennessee, on 13 September 1978 for a period of 3 years. He completed his training as a supply specialist and remained on active duty through a series of continuous reenlistments. He was promoted to the pay grade of E-5 on 29 March 1984.
On 29 January 1991, while stationed at Fort Hunter Liggett, California, nonjudicial punishment was imposed against him for being drunk and disorderly, for being disrespectful towards a commissioned officer, and for disobeying a lawful order from a commissioned officer. His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay (suspended for 2 months) and restriction. He did not appeal his punishment.
On 8 March 1991, nonjudicial punishment was again imposed against him for being disorderly, for assaulting his wife, for resisting apprehension by an armed forces policeman, and for disobeying a lawful order from his commander not to consume alcoholic beverages. His punishment consisted of a reduction to the pay grade of E-1, a forfeiture of pay and extra duty. He did not appeal his punishment.
The facts and circumstances surrounding the applicant’s administrative discharge are not present in the available records. However, his records do contain a duly constituted DD Form 214 signed by the applicant, which shows that he was honorably discharged on 20 March 1991, under the provisions of Army Regulation 635-200, paragraph 5-13, based on a personality disorder. He had served 12 years, 6 months and 8 days of total active service and was given a RE Code of “3”.
The applicant applied to the Army Discharge Review Board (ADRB) on 24 July 1993, citing essentially the same reasons to that board that he is contending at this time. The ADRB opined that he had been properly and equitably discharged and voted unanimously to deny his request on 21 November 1995.
Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder. It states, in pertinent part, that a soldier may be separated for personality disorders that interfere with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a physician trained in Psychiatry and psychiatric diagnosis. Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the soldier’s ability to function effectively in the military environment is significantly impaired.
RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 5, 9, 10, 13, 14, and 16 of Army Regulation 635-200. A waiting period of 2 years from separation is required before a waiver may be submitted.
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 the absence of evidence of the contrary, it must be presumed that the applicant’s administrative discharge was administratively correct and in conformance with applicable regulations. Accordingly, it must also be presumed that the type of discharge directed and the reasons therefore were appropriate under the circumstances.
2. The applicant was properly reduced to the pay grade of E-1 as a result of nonjudicial punishment imposed against him. Accordingly, he was properly separated in that pay grade.
3. The applicant’s contentions have been noted by the Board; however, the Board does not grant relief solely for the purpose of improving employment opportunities and the applicant has provided no evidence to support his contention that he was unjustly discharged.
4. 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.
5. 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
___md __ ___jm___ ___inw __ DENY APPLICATION
| CASE ID | AR2001065941 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/04/16 |
| TYPE OF DISCHARGE | HD |
| DATE OF DISCHARGE | 1991/03/20 |
| DISCHARGE AUTHORITY | AR635-200/ch5 |
| DISCHARGE REASON | Personality disorder |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 756 | 144.8600/a86.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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