RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            23 November 2004
      DOCKET NUMBER:   AR2004105189


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert J. Osborn              |     |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 that her reenlistment (RE) code be changed from
RE code 3 to RE code 1 and that she be reinstated in the Regular Army or
she be allowed to reenlist in the Army National Guard or the U. S. Army
Reserve (USAR).

2.  The applicant states that her discharge for having a personality
disorder was improper, unjust, and without foundation.  She did not display
a "deeply ingrained maladaptive pattern of behavior of long duration" that
interfered with her ability to perform her duty.  While she suffered from
some situational, emotional distress and depression, that improved over
time and did not get worse.  She was at Fort Huachuca, AZ only three months
and was not afforded an ample opportunity to overcome her personal
difficulties, which were not interfering with her duties.  The Department
of the Army Inspector General (DAIG) substantiated her claim that she was
improperly referred for a mental health evaluation.

3.  The applicant provides a copy of paragraph 5-13, Army Regulation 635-
200; a DA Form 4856 (Developmental Counseling Form) dated 30 April 2002; a
Clinical Record, Doctor's Progress Notes dated April 2002; a 3 March 2004
letter from Doctor H___, a clinical psychologist; a letter from her Senator
dated 2 March 2004 with an attached letter, date 17 February 2004, from the
DAIG; and a copy of her DD Form 214 (Certificate of Release or Discharge
from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant, an Army Discharge
Review Board (ADRB) action dated 23 April 2003, and a redacted DAIG report.

2.  The applicant was born on 16 December 1962.  After having had prior
service in the USAR, she enlisted in the Regular Army on 7 November 2001.

3.  The Doctor's Progress Notes provided by the applicant indicate she was
hospitalized in April 2002 for "evaluation of possible delusional
disorder."  No evidence of frank psychosis was found.  She provided
reasonable explanations for her behavior.  Her presentation was most
consistent with histrionic and obsessive personality traits.  Extreme
overcontrol and some paranoia was noted. She was discharged with a
diagnosis of adjustment disorder with mixed
disturbance of (illegible) and conduct with an additional diagnosis of
"histrionic and obsessive-compulsive traits R/O (rule out) PD NOS
(personality disorder, not otherwise specified)."

4.  The applicant was to have a follow-up at the Fort Huachuca Mental
Health on 16 April 2002 with Captain P___.  Doctor W___, who signed these
Notes, was a Medical Corps Major but his specialty was not annotated on the
Notes.

5.  The results of the follow-up with Captain P___ are not available;
however, they are discussed in the 3 March 2004 letter from Doctor H___
provided by the applicant.  The March 2004 letter noted that Captain P___
had a Doctorate in Psychology and that her progress notes indicated the
applicant had been diagnosed with personality disorder not otherwise
specified with histrionic and obsessive-compulsive traits.  Doctor H___
noted that it appeared Captain P___ completed a thorough clinical interview
but full testing results were not available in her notes.  Doctor H___
stated that it appeared Captain P___ obtained her diagnosis after
appropriate evaluation but pointed out that the full testing results were
not available and the resulting diagnosis was different from the one Doctor
H___ provided.

6.  Doctor H___ opined that it appeared the applicant's mental health
issues were not causing significant deficiencies in her ability to perform
her duty.  Doctor H___ also noted that she had never served in the military
and she was only rendering her opinion based on her training in psychology,
from the records shown to her, and the applicant's verbal report.  Doctor
H___ noted that it was understandable that the applicant might demonstrate
some defensiveness, even paranoia, having sensed that she had already been
identified for separation for personality disorder.

7.  The applicant provided a DA Form 4856, dated 30 April 2002, which was
her performance counseling for the month of April 2002 from her E-5 team
chief.  The team chief noted that the applicant was undergoing some
personal challenges but she was still participating in most of the
platoon's duties and her effort was appreciated.

8.  The applicant's separation packet is not available.  The Board analyst
contacted the DAIG and requested their investigation in the hopes the
separation packet might have been included.  It was not.  The DAIG
investigation substantiated the allegations that the applicant's 28
February 2002 and 3 April
2002 referrals to mental health were improper.  No discussion was made
concerning the basis for her separation.

9.  On 17 May 2002, the applicant was honorably discharged under the
provisions of Army Regulation 635-200, paragraph 5-13, personality
disorder.  She had completed 6 months and 11 days of creditable active
service that  period, a total of 8 months and 2 days of creditable active
service, and a total of   6 years,11 months, and 2 days of service for pay.
 She was given an RE code of 3.

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 the 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.

11.  Pertinent Army regulations provide that prior to discharge or release
from active duty individuals will be assigned RE 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 (RA) and the USAR.  Chapter 3 of that
regulation prescribes basic eligibility for prior service applicants for
enlistment.  That chapter includes a list of armed forces RE codes,
including RA RE codes.

12.  RE-3 applies to persons not qualified for continued Army service, but
the disqualification is waivable.

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
contains narrative reasons for discharge, SPD codes for those narrative
reasons,
and a cross-reference to the applicable RE code.  Soldiers separated by
reason of personality disorder are issued an RE code of 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been carefully considered; however, in
the absence of her separation packet or other documentation concerning her
discharge it is presumed that the discharge proceedings were conducted in
accordance with applicable law and regulations.

2.  The DAIG substantiated the applicant's contentions that her 28 February
2002 and 3 April 2002 referrals to mental health were improper.  However,
it appears the applicant was again evaluated by mental health on or about
16 April 2002 by Captain P___.  The DAIG does not discuss this later
evaluation and does not make a finding that the underlying basis for her
separation was improper.

3.  Doctor H___'s opinion has been carefully considered.  However, it
appears Captain P___ was a competent military medical authority who
determined the applicant had a personality disorder.  Doctor H___
acknowledged that she had never served in the military and she was only
rendering her opinion based on her training in psychology, from the records
shown to her (which were not complete), and the applicant's verbal report.
Doctor H___'s opinion, based on incomplete information, and evaluation are
insufficient to overturn what must be presumed to have been an objective
medical finding by Captain P___.

4.  The DA Form 4856 provided by the applicant has been carefully
considered. That evaluation was rendered by her E-5 team chief, who by
nature of his rank, had a limited view of the applicant's overall
responsibilities.  Without the separation packet and the commander's
recommendation available for review, it is presumed the commander made an
objective determination that the applicant met the criteria for separation
under Army Regulation 635-200, paragraph 5-13.

5.  Since there is insufficient evidence to overcome the presumption of
regularity, there is insufficient evidence on which to change the
applicant's RE code or to restore her to active duty in the Regular Army.
However, the applicant has a waivable disqualification.  Since enlistment
criteria change (even, given the military situation today, age criteria),
and since an individual has the right to apply for a waiver, the applicant
should periodically visit her local recruiting station to determine if she
should apply for a waiver for enlistment in the Regular Army or the USAR.
Army National Guard enlistment criteria fall under a different
regulation and the applicant should make separate inquiries to determine if
she is eligible for enlistment in the Army National Guard.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fne___  __jtm___  __rjo___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            __Fred N. Eichorn_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105189                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041123                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]