MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 February 2003
         DOCKET NUMBER: AR2002081984

         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. Joseph A. Adriance		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)

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APPLICANT REQUESTS: In effect, that the narrative reason for his discharge be changed from personality disorder to term ended.

APPLICANT STATES: In effect, that a time of his discharge, he was suffering from depression because of a broken relationship. He also claims that since that time, he has been trying to get his life together. In support of his application, he provides a letter from a Psychiatrist and a copy of his separation document
(DD Form 214).

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

On 9 January 1998, he enlisted in the Army for 3 years. He successfully completed basic and advanced individual training at Fort Sill, Oklahoma, and he was awarded military occupational specialty (MOS) 93F (Artillery Meteorological Crewmember). On 22 February 2000, while serving in Hawaii, the applicant reenlisted for 3 additional years.

The applicant’s record also shows that the highest rank he attained while on active duty was specialist (SPC), and that he earned the following awards during his active duty tenure: Army Achievement Medal (4); Army Good Conduct Medal; Army Service Ribbon; Overseas Service Ribbon; and Marksman Marksmanship Qualification Badge with Rifle Bar. No other acts of valor, significant achievement, or service warranting special recognition are documented in the record.

The applicant’s disciplinary history includes his reduction to private/E-1 (PV1) on 11 October 2001, and his being absent without leave (AWOL) for 24 days from 11 October through 3 November 2001.

On 27 November 2001, his unit commander notified the applicant that a separation action was being initiated on him for a personality disorder. The unit commander stated that his reason for the action was that that applicant had been diagnosed with a personality disorder, with antisocial and paranoid traits, with a history of homicidal and suicide attempts. The unit commander also advised the applicant that he was recommending an honorable characterization of service.

On 30 November 2001, the applicant consulted legal counsel and he was advised of the basis for the contemplated separation action and its effects, and of the rights available to him. Subsequent to receiving this legal counseling the applicant completed his election of rights, by waiving his right to consideration of case by and personal appearance before an administrative separation board, his right to consulting counsel, and electing not to submit statements in his own behalf.

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On 27 November 2001, the separation authority approved the applicant’s separation under the provisions of chapter 5, Army Regulation 635-200, by reason of personality disorder, and directed that the applicant’s service be characterized as honorable. On 21 December 2001, the applicant was discharged accordingly.

The DD Form 214 issued to the applicant on the date of his separation confirms that he was honorably separated on 21 December 2001. At the time of his separation, he had completed a total of 3 years, 10 months, and 19 days of creditable active military service and he had accrued 24 days of time lost due to AWOL. This document also verifies that the authority for the applicant’s separation was paragraph 5-13, Army Regulation 635-200, and the narrative reason for separation was personality disorder. The applicant signed this document in Item 21 (Signature of Member Being Separated), thereby verifying that the information contained therein was correct at the time.

On 7 November 2002, the Army Discharge Review Board (ADRB) found that the reason for the applicant’s separation was proper and equitable, and it voted to deny the applicant’s request to change it.

The applicant provides a letter from a Psychiatrist from the Queens Hospital Center, New York. In the letter, the Psychiatrist indicates that the applicant presented to him a history of mild depression, in the context of a relationship break-up. However, during his examination, the Psychiatrist found no evidence of a major Axis I psychiatric disorder, and as a result he stated that he did not feel that the applicant presented a danger to himself or to others.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-13 provides that a soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. It requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the soldiers ability to perform duty. The regulation further specifies that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the soldier’s ability to function in the military environment is significantly impaired. Army policy requires the award of a fully honorable discharge in such cases.

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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 Board notes the applicant’s contention that he was suffering from depression due to a relationship break-up at the time of his separation, and it carefully considered the information contained in the Psychiatrist’s letter he provided. However, the Board finds these factors are not sufficiently mitigating to warrant the requested relief.

2. The evidence of record confirms that the applicant was diagnosed with a personality disorder by competent medical authorities and this resulted in his being processed for separation. Further, the Board is satisfied that all requirements of law and regulation were met and that the applicant’s rights were fully protected throughout the separation process. Therefore, the Board concludes that a change to the reason for his separation is not warranted at this time.

3. 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.

4. 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

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INDEX

CASE ID	AR2002081984
SUFFIX
RECON
DATE BOARDED	2003/02/13
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	2001/12/21
DISCHARGE AUTHORITY	AR 635-200 C5
DISCHARGE REASON	Personality Disorder
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 191	110.0200
2.
3.
4.
5.
6.