MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 26 November 2002
         DOCKET NUMBER: AR2002080671

         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
Mr. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Roger W. Able		Member
Mr. Hubert O. Fry		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: That the separation authority and narrative reason for separation be removed from his report of separation (DD Form 214) and that his training courses be added to the DD Form 214 as well.

APPLICANT STATES: In effect, that he was unjustly discharged for a personality disorder and that there is no evidence that he has a personality disorder. Additionally, his military training was not included on his DD Form 214 at the time of his discharge. In support of his application, he submits copies of his training certificates for his advanced individual training as a light weapons infantryman and an indirect fire infantryman.

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

He initially enlisted in the Air Force on 25 August 1992 and served until he was honorably discharged on 10 December 1993, under the provisions of Air Force Regulation 39-10, due to a personality disorder. He had served 1 year, 3 months and 16 days of total active service.

On 20 January 2000, he was granted a psychiatric waiver and enlisted in the Regular Army for a period of 3 years, training as an infantryman and assignment to Fort Campbell, Kentucky. He was transferred to Fort Benning, Georgia to undergo his training.

He successfully completed his training as a light weapons and indirect fire infantryman and was transferred to Fort Campbell on 21 June 2000. He was advanced to the pay grade of E-3 on 1 August 2000.

His records show that he expressed his dislike of the military, had difficulty in performing his duties as a soldier and that he voluntarily sought psychiatric help through mental health, to assist him in adjustment to military life. He was subsequently command referred for a mental evaluation. The examining psychiatrist determined that he had a personality disorder that was a long-standing disorder of character, that resulted in poor, rigid coping styles to stressors. He recommended that the applicant be separated from the service because he would not benefit from attempts at rehabilitation or treatment.

On 13 July 2001, the applicant’s commander notified him that he was recommending him for separation from the service under the provisions of Army Regulation 635-200, chapter 5, by reason of a personality disorder. After consulting with counsel, the applicant acknowledged that he understood the impact of the discharge action and elected not to submit a statement in his own behalf.

The commander submitted the recommendation for discharge and the appropriate authority approved the recommendation on 30 July 2001, directing that the applicant be furnished an Honorable Discharge Certificate.

Accordingly, he was honorably discharged on 8 August 2001, under the provisions of Army Regulation 635-200, chapter 5, due to a personality disorder. He had served 1 year, 6 months and 19 days of total active service and his DD Form 214 indicated he had no military education courses listed. He was issued a Reentry Code of “3.”

The applicant applied to the Army Discharge Review Board (ADRB) on 14 July 2002, citing essentially the same reasons as he has cited to this Board. The ADRB opined that he had been properly diagnosed with a personality disorder by competent medical authorities and that the narrative reason for his separation was correct. The ADRB voted unanimously to deny his request on 16 October 2002.

Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that the purpose of listing formal courses attended, in block 14 (Education) of the DD Form 214, is to assist soldiers in job placement and counseling. Accordingly, no combat skills training will be listed in that block.

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. The applicant’s administrative discharge was administratively correct and in conformance with applicable regulations, with no violations of any of the applicant’s rights. Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

2. The applicant’s contention that there is no evidence that he has a personality disorder appears to be without merit. He was properly diagnosed by competent medical personnel at the time as having a personality disorder and he has failed to show through the evidence of record or the evidence submitted with his application that the diagnosis was flawed.

3. Additionally, the applicant was previously diagnosed by medical personnel in the Air Force as having a personality disorder and was discharged for the same. He subsequently obtained a waiver of his disorder and enlisted in the Regular Army. However, his personality disorder again resurfaced and he was again properly discharged due to a personality disorder.

4. The Board has also noted his contention that his military courses were erroneously omitted from his DD Form 214 and finds it to be without merit. The applicant only attended combat skills training and those courses are not authorized for entry on the DD Form 214. Accordingly, there is no basis to do so at this time.

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 this 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

__sac___ __hof ___ ___ra ___ DENY APPLICATION

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

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INDEX

CASE ID	AR2002080671
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	2002/11/26
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	2001/08/08
DISCHARGE AUTHORITY	AR635-200/CH5
DISCHARGE REASON	PERSONALITY DISORDER
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 189	110.0000/CORR 214
2. 191	110.0200/RSN/AUTH
3.
4.
5.
6.