MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 November 2002
         DOCKET NUMBER: AR2002076019

         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
Ms. Deyon D. Battle		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Lester Echols		Member
Mr. Thomas Lanyi		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)

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APPLICANT REQUESTS: In effect, that his narrative reason and authority for separation be changed and that he be awarded severance pay.

APPLICANT STATES: That the Department of Veterans Affairs (VA) clearly states in its review for disability that his medical records from 18 September 1997 through 20 June 2000 are silent of any treatment or diagnosis of a personality disorder. He states that the Army discharged him based on a false diagnosis of a personality disorder so that there would be no medical hearing to determine whether a condition for major depressive disorder was caused by military service. He states that the Army discharged him by reason of physical disability so that he would not be entitled to severance pay, which he would have been entitled to had he been properly discharged. He states that he has a major depressive disorder which was caused by military service and that he has never been diagnosed as having a personality disorder. He concludes by stating that he is now seeking severance pay for his illegal discharge. In support of his application he submits copies of pages from his DVA decisional document.

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

On 18 September 1997, he enlisted in the Army for 4 years in the pay grade of
E-1. He successfully completed his training as an armor crewmember. He was promoted to the pay grade of E-2 on 18 March 1998 and to the pay grade of E-3 on 18 October 1998.

On 6 March 2000, the applicant underwent a mental status evaluation at the Behavioral Medicine Clinic, United States Army Medical Department Activity, Fort Knox, Kentucky. He was diagnosed as having a major depressive disorder (single episode), a personality disorder (not otherwise specified), and reported knee, back and GI problem. At the time of the evaluation the psychologist noted that the applicant displayed no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. The psychologist further noted that the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate intelligently in any proceedings. The psychologist recommended that he be discharged under the provisions of Army Regulation 635-200, chapter 5-13, based on a personality disorder.

On 28 March 2000, the applicant was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 5-13 based on a personality disorder. The commander cited the Behavioral Medicine Clinic evaluation as a basis for the recommendation for discharge. The applicant acknowledged receipt of the notification. On 31 March 2000, after consulting with counsel, he waived his right to have his case considered by an administrative board and he opted not to submit a statement in his own behalf.

The appropriate authority approved the recommendation for discharge on 1 June 2000. Accordingly, on 20 June 2000, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5-13, based on a personality disorder. He had completed 2 years, 9 months and 3 days of total active service.

Along with his application to this Board the applicant submitted page 2 and page 5 of an evaluation, which appears to have been conducted on 18 September 2000 by the VA Medical Center, Bay Pines, Florida. On page 5 of the evaluation the applicant highlighted portions that indicates that a review of his service medical records from 18 September 1997 through 20 June 2000 is silent to any treatment or diagnosis of a personality disorder. The VA diagnosed the applicant as having a major depressive disorder; however, the VA denied service connection for personality disorder indicating that the condition neither occurred in nor was caused by military service.

On 15 May 2002, the Army Discharge Review Board denied the applicant’s request for a change in the reason and authority for his discharge.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 5, paragraph 13 contains the policy and outlines the procedures for separating individuals for personality disorder, and provides, in pertinent part, that a soldier may be separated for personality disorder (not amounting to disability) that interferes 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.

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. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors, which would tend to jeopardize his rights.

2. The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

3. The Board has noted the applicant’s contentions. The Board has also reviewed the pages of the VA evaluation that was submitted in support of the application. However, the evidence of record clearly shows that the applicant underwent a mental status evaluation on 6 December 1999 and he was diagnosed as having a major depressive disorder, a personality disorder, and reported knee, back and GI problems.

4. The psychologist recommended that he be discharged in accordance with Army Regulation 635-200, chapter 5-13, based on a personality disorder and the applicant was discharged accordingly.

5. Inasmuch as the applicant did not have any medically unfitting disability, which required physical disability processing, there is no basis for physical disability separation with severance pay.

6. 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.

7. 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

___fe ___ ___le ___ __tl _____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002076019
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/11/21
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	2000/06/20
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	756
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 191	110.0200
2. 291	128.0800
3.
4.
5.
6.