RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            06 APRIL 2006
      DOCKET NUMBER:   AR20050009071


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Brenda Koch                   |     |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 his honorable discharge by reason of a
personality disorder be changed to a discharge by reason of physical
disability and that his Southwest Asia Service Medal (SWASM) and Combat
Infantryman Badge (CIB) be added to his report of separation (DD Form 214).

2.  The applicant states that he was discharged with a personality disorder
that was caused by Post-Traumatic Stress Disorder (PTSD) and for which he
is currently receiving treatment from the Department of Veterans Affairs
(VA) in Omaha, Nebraska; however, he should have been medically discharged.
 He goes on to state that he also desires to have his awards of the SWASM
and the CIB added to his DD Form 214.

3.  The applicant provides a copy of orders awarding him the CIB and a copy
of a flight manifest showing he departed Saudi Arabia on 25 March 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 5 September 1991.  The application submitted in this case is
dated 15 June 2005.

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.  He enlisted in the Regular Army in Omaha, Nebraska, on 6 January 1987
for a period of 3 years and training in the infantry career management
field.  He completed one-station unit training (OSUT) at Fort Benning,
Georgia, and was transferred to Germany on 24 April 1987, for duty as a
light weapons infantryman.  He was advanced to the pay grade of E-4 on 1
October 1989.

4.  On 25 October 1989, he reenlisted for a period of 5 years, assignment
to Fort Lewis, Washington and a selective reenlistment bonus.  He departed
Germany on 13 December 1989 and arrived at Fort Lewis on 19 January 1990.
He was granted tour completion of his tour in Germany.

5.  He deployed to Saudi Arabia on 5 February 1991 and was awarded the CIB
on 20 March 1991, for performance of duties while actively engaged in
ground combat on 28 February 1991.  He remained there until 25 March 1991,
when he was returned to Fort Lewis.

6.  On 23 July 1991, the applicant’s commander revoked his off-post
privileges and required him to check in with the charge of quarters every
night.

7.  On 25 July 1991, the applicant’s supervisor counseled him regarding his
not being able to conduct or function in a military manner due to his many
personal problems.  He informed the applicant that his performance was
unsatisfactory and his conduct was not what was expected of a
noncommissioned officer (NCO).  The applicant concurred with the counseling
and stated that he no longer wished to continue to work for the Army due to
his personal beliefs and that he was continuing to get counseling to help
him in civilian life to deal with issues related to Desert Storm.

8.  On 30 July 1991, his supervisor again counseled the applicant and
informed him that he was being considered for release from military service
due to the numerous amount of personal problems that kept him from
effectively doing his job.

9.  All of the facts and circumstances surrounding his separation are not
present in the available records.  However, the available records do show
that on 12 August 1991, the applicant’s commander informed him that he was
initiating action to separate him from the service under the provisions of
Army Regulation 635-200, paragraph 5-13.  He informed the applicant that he
was initiating separation action because competent medical authorities had
diagnosed him as having a personality disorder under the provisions of the
Diagnostic and Statistical Manual (DSM III-R) and that the disorder was so
severe that his ability to function effectively in a military environment
is significantly impaired.

10.  After consulting with counsel, the applicant waived all of his rights
and elected not to submit a statement in his own behalf.

11.  On 23 August 1991, the appropriate authority approved the
recommendation for discharge and directed that he be furnished an Honorable
Discharge Certificate.

12.  Accordingly, he was honorably discharged on 5 September 1991 under the
provisions of Army Regulation 635-200, paragraph 5-13, due to personality
disorder.  He had served 4 years and 8 months of total active service.  His
DD Form 214 issued at the time of his discharge shows that he was awarded
the Army Service Ribbon, the National Defense Service Medal, the Army
Achievement Medal and the Good Conduct Medal.

13.  There is no evidence in the available records to show that the
applicant’s condition at the time warranted separation through the Physical
Disability Evaluation System (PDES).

14.  His records do show however that he served in Southwest Asia (SWA)
during the period of 5 February to 25 March 1991 in support of Operation
Desert Storm and that he was awarded the CIB.

15.  Army Regulation 635-200, paragraph 5-13 provides the criteria for
discharge because of a personality disorder.  It states, in pertinent 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.

16.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement,
or Separation, governs the evaluation for physical fitness of Soldiers who
may be unfit to perform their military duties because of physical
disability.  It provides, in pertinent part, that the mere presences of an
impairment does not, in itself, justify a finding of unfitness because of
physical disability.  Certain mental disorders render a Soldier
administratively unfit rather than unfit because of physical disability.
Those disorders are to be dealt with through administrative channels and
not through the PDES.  Most personality disorders fall under this category.

17.  Army Regulation 600-8-22 provides that service in the Persian Gulf War
is to be recognized by award of the Southwest Asia Service Medal to Army
members who participated in Operations Desert Shield/Desert Storm in the
designated area on or after 2 August 1990.  A bronze service star is
authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January
1991) and the Liberation and Defense of Kuwait (17 January to 11 April
1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

18.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia
(KLM-SA) was approved on 3 January 1992 and is awarded to members of the
Armed Forces of the United States who participated in the Persian Gulf War
between 17 January 1991 and 28 February 1991.

19.  The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-
K) was approved on 9 November 1995 and is awarded to members of the Armed
Forces of the United States who participated in the Persian Gulf War
between 2 August 1990 and 31 August 1993.

20.  Army Regulation 600-8-22 (Military Awards) shows that the Overseas
Service Ribbon was established by the Secretary of the Army on 10 April
1981.  The regulation states, in pertinent part, that effective 1 August
1981, all members of the Active Army, Army National Guard, and Army Reserve
in an active Reserve status are eligible for the award for successful
completion of overseas tours.  The award may be awarded retroactively to
those personnel who were credited with a normal overseas tour completion
before 1 August 1981 provided they had an Active Army status on or after 1
August 1981 and the overseas service is not recognized with another U.S.
service medal.  Numerals are used to denote the second and subsequent
awards of the Overseas Service Ribbon.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in SWA during the period of 5 February to 25 March
1991 and was awarded the CIB.  Accordingly, he is entitled to have his
records corrected to show his awards of the CIB, the SWASM with one bronze
service star and his service in SWA in support of Operation Desert Storm.

2.  The evidence of record also establishes that the applicant is entitled
to awards of the KLM-SA, the KLM-K and the Overseas Service Ribbon (OSR).
Accordingly, his records should be corrected to reflect those awards as
well.

3.  The applicant’s contention that he should have been discharged by
reason of physical disability has been noted.  However, he has failed to
show through evidence submitted with his application and the evidence of
record that such was the case.

4.  Therefore, in the absence of evidence of the contrary, it must be
presumed that the applicant’s administrative discharge was administratively
correct and in conformance with applicable regulations. Accordingly, it
must also be presumed that the type of discharge directed and the reasons
therefore were appropriate under the circumstances.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____PS _  ___CD __  ___BK __  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 partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing his awards of
the CIB, the SWASM with one bronze service star, the KLM-SA, the KLM-K, the
Overseas Service Ribbon and his service in SWA in support of Operation
Desert Storm during the period of 5 February to 25 March 1991.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
changing the reason and authority for his discharge to reflect that he was
discharged by reason of physical disability.




                            ______PAUL SMITH________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009071                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060406                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19910807                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, Para 5-13             |
|DISCHARGE REASON        |PERSONALTY DISORDER                     |
|BOARD DECISION          |(GRANT-PARTIAL)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |177/pd                                  |
|1.108.0000              |                                        |
|2.107.0000              |46/de                                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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