MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 13 FEBRUARY 2003
         DOCKET NUMBER: AR2002077006

         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Ms. Gail J. Wire		Member
Mr. Robert J. Osborn II		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 the reason for his discharge be deleted from his separation document and, in effect, that his Re-Entry Code be changed to permit reenlistment.

APPLICANT STATES: In effect, that a new commander to his organization resurrected an old administrative separation action and then did not provide him sufficient opportunity to overcome his deficiencies. He states, in several self-authored statements, that his commander and legal representatives lied to him, that he was told he would receive a separation under the provisions of Army Regulation 635-200, paragraph 5-17 and not paragraph 5-13. He states that someone forged his election statement by waiving his election rights on his notification document. He states he did not want out of the Army, that, in effect, no one would help him, and that he was prevented from submitting statements in his own behalf because he was not permitted to leave his duty section. In support of his request he submits copies of three memorandums which make reference to his being separated under the provisions of Army Regulation 635-200, Chapter 5-17.

EVIDENCE OF RECORD: The applicant's complete military records were not available to the Board. Information contained here in was reconstructed from alternative sources, including files maintained the Army Discharge Review Board.

The applicant entered active duty on 22 July 1998 for a period of 4 years. By September 2000 he had attained the rank of specialist (E-4) and was serving as a motor transport operator (88M).

On 30 October 2000 the Chief of Inpatient Psychiatry, at Fort Hood, Texas, authenticated a statement indicating the applicant had undergone a psychiatric evaluation between 25 and 30 October 2000. He noted the applicant displayed a history of chronic situational maladjustment with emotional and behavioral instability. He stated the applicant had poor coping skills and a low frustration tolerance and that he turned to thoughts of homicide when stressed. He concluded the applicant suffered from a personality disorder incompatible with continued military service and recommended expeditious processing under the provisions of paragraph 5-13 of Army Regulation 635-200.

On 18 January 2001 the applicant's unit commander initiated action to involuntarily separate the applicant from active duty because of a personality disorder. The applicant acknowledged receipt of the notification on 19 January, consulted with counsel and waived his attendant rights, but did indicate that he would submit a statement in his own behalf.

On 24 January 2001 the applicant's commander submitted the separation action to the approving authority. There is no indication the commander received a statement written by the applicant in his own behalf. On 29 January 2001 the recommendation was approved and the approval authority directed that the applicant receive an honorable discharge under the provision of Army Regulation 635-200, paragraph 5-13 (Involuntary Separation Due to Personality Disorder).

Prior to the applicant's separation from active duty, on 5 February 2001, his unit commander authenticated two memorandums for record, one authorizing the applicant to "clear without orders" and one authorizing him to attend an Army Career and Alumni Session. One memorandum indicated the applicant was being separated under the provisions of "AR 635-200, Chapter 5-17" while the other indicated he was being separated under the provisions of "AR 635-200, chapter 15-17." On 13 February 2001 that same commander authorized a third memorandum for record authorizing the applicant to "attend his final out briefing in BDU's" and that he was being separated from the military "under the provisions of chapter 5-17."

On 22 July 1998 the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13. The narrative reason for his separation is listed as "PERSONALITY DISORDER" and he received a Re-Entry Code of "3."

Army Regulation 635-200, paragraph 5-13, provides for the involuntary separation of a soldier with a personality disorder that interferes with assignment to or performance of duty. Separation 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.

Army Regulation 635-200, paragraph 5-17, provides for the voluntary early separation of soldiers to further their education. To qualify a soldier must be within 90 days of their scheduled separation date, not be mission essential to their organization, provide a statement from an appropriate school official indicating acceptance for enrollment in a full-time resident course of instruction, and show they are able to pay, or have already paid, any school entry fees.

Army Regulation 635-200 does not contain a paragraph 15-17, although Chapter 15 of the regulation deals with the involuntary separation for homosexuality.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned Re-Entry Codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army and the United States Army Reserve. Chapter 3 of that regulation prescribed basic eligibility for prior service applicants for enlistment. That chapter included a list of armed forces Re-Entry Code. Re-Entry Code "3" applied to those individuals separated who are not qualified for continued Army service, including those discharged as a result of a personality disorder.
In August 2001 the Army Discharge Review Board unanimously denied the applicant's petition to change the reason for his discharge.

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. There is no evidence of any error or injustice in the reason for the applicant's discharge. While he maintains that his election statement was forged, that members of his command lied to him, and that he was not given sufficient time to overcome his deficiencies is not supported by any evidence submitted by the applicant or contained in documents available to the Board.

2. Although the applicant's unit commander did authenticate three memorandums of record indicating the applicant was being discharged under another provision of Army Regulation 635-200, that information appears to have been an oversight by the unit commander and not evidence that the applicant was told he was being discharged for something other than a personality disorder. The applicant's separation action had already been approved by the time the commander authenticated the memorandums for record. There is no evidence the applicant was even eligible for separation under the provisions of paragraph 5-17. In fact, the Board notes that the applicant was not even able to articulate, in his request to this Board, what a separation under paragraph 5-17 related too. This fact further supports the Board's conclusion that he was not told he was being separated under that provision and that the information was likely a clerical error or oversight by his commander on the memorandums for record.

3. The applicant's contention that he was not afforded sufficient time to overcome his deficiencies is without foundation. The applicant was diagnosed with a personality disorder, he was not committing acts of misconduct or similar actions which he, by his own determination could have impacted on. His immediate separation was recommended by the medical official that determined the applicant suffered from a personality disorder.

4. The applicant's Re-Entry Code was appropriate considering the circumstance of his separation. Because there is no basis to change the reason for his separation, there is also no basis to change the Re-Entry Code.

5. 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 that requirement.



6. 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

__RVO__ ___GJW_ __RJO __ DENY APPLICATION

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

---

INDEX

CASE ID	AR2002077006
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030213
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.	110.00
2.
3.
4.
5.
6.