RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 May 2005
      DOCKET NUMBER:  AR20040008354


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Ms. Laverne V. Berry              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his discharge be upgraded from
a general (under honorable conditions) discharge to an honorable discharge.

2.  The applicant states, in effect, that he suffered stressful and
emotional behavior during his military service and should not be limited
from receiving assistance that he is qualified for as a veteran.

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 June 1984.  The application submitted in this case is
dated            9 September 2004.

2.  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.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 1 February 1983 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 76X (Subsistence Supply
Specialist).

4.  A DA Form 3349 (Physical Profile), dated 13 March 1994 (sic), shows the
applicant was issued a temporary profile for being "delusional."

5.  The applicant's medical records are not available.

6.  The commander's request for the applicant to be separated because of
personality disorder packet is not available.

7.  The applicant's service personnel records contain no evidence to show
he was ever convicted by court-martial.  A check of Federal Bureau of
Investigation records verified there is no record of his being convicted by
a court-martial.

8.  The applicant's service personnel records do not contain the facts and
circumstances surrounding his separation process.  However, his DD Form 214
shows that he was discharged on 5 June 1984 under the provisions of
paragraph 5-13 of Army Regulation 635-200 (Personnel Separations) by reason
of "personality disorder."  He was discharged with a characterization of
service as general (under honorable conditions) after completing a total of
1 year, 4 months, and 5 days of creditable active service with no lost
days.

9.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.  Whenever there is doubt, it is to be
resolved in favor of the individual.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 5, paragraph 5-13 sets the
policy and prescribes procedures for separating members with a personality
disorder (not amounting to a disability) that interferes with assignment to
or performance of duty.  This condition is a deeply ingrained maladaptive
pattern of behavior of long duration that interferes with the Soldier's
ability to perform duty.  The diagnosis of personality disorder must have
been established by a psychiatrist or doctoral-level clinical psychologist
with necessary and appropriate professional credentials who is privileged
to conduct mental health evaluations for the Department of Defense
components.  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.  Separation processing may not be initiated under
this paragraph until the Soldier has been counseled formally concerning
deficiencies and has been afforded ample opportunity to overcome those
deficiencies as reflected in appropriate counseling or personnel records.
When the reason for separation is unsuitability due to personality
disorder, the Soldiers will be furnished an honorable discharge certificate
unless the Soldier has been convicted of an offense by general court-
martial or has been convicted by more than one special court-martial in the
current enlistment period of obligated service or any extension thereof, in
which case the Soldier may be furnished a general discharge certificate.





DISCUSSION AND CONCLUSIONS:

Records show that the applicant was separated for personality disorder and
issued a general (under honorable conditions) discharge.  However, evidence
of record shows he was not convicted by a general court-martial or more
than one special court-martial during his current service.  Therefore, the
government erred when it issued him a general discharge.  By regulation, he
must have been furnished an honorable discharge.

BOARD VOTE:

__JEA___  __LGH __  __LVB__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief and to excuse failure to timely file.
As a result, the Board recommends that all of the Department of the Army
records related to this case be corrected by showing that the individual
concerned was separated from the service with an Honorable Discharge
Certificate on 5 June 1984.

2.  That the Department of the Army issue to him an Honorable Discharge
Certificate from the Army of the United States, dated 5 June 1984, in lieu
of the under honorable conditions discharge of the same date now held by
him.




                            ___JAMES E. ANDERHOLM_
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008354                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |5 May 2005                              |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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