| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Thomas B. Redfern III | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, a medical discharge. He makes no statement and offers no evidence to support his request.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He served an initial period of active duty with the United States Marine Corps between April and June 1975. On 17 April 1985 the applicant enlisted in the United States Army Reserve after receive a waiver for his prior military service. His Army enlistment documents indicate that the applicant accepted a trainee discharge rather than be recycled after falling behind during his Marine Corps basic training.
At the time the applicant enlisted in the United States Army Reserve he was nearly 32 years old, with 12 years of formal education, and a GT (general technical) score of 93.
He was ordered to active duty on 1 May 1985 for the purpose of undergoing training. By 18 June 1985, 1 month and 18 days later, the applicant was administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-13 as a result of a personality disorder. His military service was uncharacterized.
Documents associated with the applicant’s administrative separation were not available to the Board.
Army Regulation 635-200, paragraph 5-13, provides for the administrative separation of soldiers with a personality disorder that interferes with assignment to or performance of duty. A physician trained in psychiatry and psychiatric diagnosis must have established the diagnosis of personality disorder.
Army Regulation 40-501 states that personality disorders may render an individual administratively unfit rather than unfit because of physical disability. Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels. It also states that transient, situational maladjustment due to acute or special stress do not render an individual unfit because of physical disability, but rather may be the basis for administrative separation if recurrent and causing interference with military duty.
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
In the absence of evidence to the contrary, the Board concludes that the applicant administrative separation was accomplished in compliance with applicable laws and regulation. His discharge as a result of a personality disorder would not have warranted separation by reason of physical disability.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 18 June 1985, the date he was discharged. The time for the applicant to file a request for correction of any error or injustice expired on 18 June 1988.
The application is dated 18 January 2003 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__AAO__ __TBR __ __KAH __ CONCUR WITH DETERMINATION
| CASE ID | AR2003085236 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030605 |
| 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. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001060269C070421
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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. There is no evidence, and the applicant has not provided any, which indicates that he suffered from any medically disqualifying condition which would have...
ARMY | BCMR | CY2005 | 20050017225C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, a medical discharge. There is no evidence of record which shows that the applicant was ever medically unfit to perform his duties.
ARMY | BCMR | CY2009 | 20090003097
The applicant states that while he was in the Army he was diagnosed with a personality disorder and should have received a medical discharge. On 2 January 1991, the applicant's commander notified him that he was initiating action to discharge him under the provisions of paragraph 5-13 (Separation because of personality disorder) of Army Regulation 635-200 (Personnel Separations Enlisted Personnel) based on the applicant's diagnosis of a personality disorder by the Division psychiatrist. ...
ARMY | BCMR | CY2008 | 20080003880
This examination report gives no indication that the applicant suffered from a mentally or physically disabling condition that would have warranted his separation processing through medical channels. The evidence of record contains no indication that the head injury the applicant suffered disqualified him from further active duty service, or that it was sufficiently disabling to support his processing through the Army's PDES at the time of his discharge processing, as evidenced by the...
ARMY | BCMR | CY2004 | 04101078C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 AUGUST 2004 DOCKET NUMBER: AR2004101078 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. On 17 March 1970 the applicant's...
ARMY | BCMR | CY2003 | 2003088653C070403
The applicant provides a statement from his service representative and extracts from his service medical and Department of Veterans Affairs medical records in support of his request. Counsel requests that the applicant records be corrected to show that he received “an honorable medical discharge from the military service.” The fact that the Department of Veterans Affairs may now be struggling with an appropriate label for the applicant’s condition nearly 30 years after his discharge is not...
ARMY | BCMR | CY2013 | 20130021983
The applicant requests correction of his record to show he was discharged due to post-traumatic stress disorder (PTSD) with depression and a personality disorder. The VA examiner reported that you had a mental condition (PTSD) prior to service due to stressors you had experienced, particularly the death of friends in a motorcycle accident. The examiner stated that you had symptoms of both PTSD and a personality disorder.
ARMY | BCMR | CY2010 | 20100017283
Army Regulation 635-5-1 states the narrative reason for separation for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13 is "personality disorder." The applicant contends he should have been diagnosed with ADHD, and his discharge should have been based upon that condition, not the stated "personality disorder." The evidence of record in this case shows the applicant was evaluated by a psychiatrist who diagnosed him with an adjustment disorder.
ARMY | BCMR | CY1997 | 199707715
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 he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant’s commander directed that the record of nonjudicial punishment be filed in the applicant’s restricted portion of his official file. On 22 July...
ARMY | BCMR | CY1997 | 199707715C070209
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 he application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. The applicant was reduced to pay grade E-4 on 26 February 1985. The applicants commander directed that the record of nonjudicial punishment be filed in the...