RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050017225


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Ms. Marla Troup                   |     |Member               |
|     |Mr. William Crain                 |     |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, a medical discharge.

2.  The applicant states he was the victim of an assault while in the
service and that an inaccurate diagnosis (personality disorder) was made by
a physician at the time of his discharge.  He also states, in effect, that
after his discharge he sought medical care from the Department of Veterans
Affairs and was diagnosed with depression and a social anxiety disorder.
He contends the social anxiety was a result of being assaulted and robbed
in Boston while stationed at Fort Devens.  He further states he now pays
the price of being discharged with this condition listed on his DD Form 214
(Certificate of Release or Discharge from Active Duty) by potential
employers and that he has been denied life insurance.

3.  The applicant provides a copy of his DD Form 214; a medical record,
dated 18 February 1989; and a letter, dated 8 November 2005, from a Member
of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 July 1993.  The application submitted in this case is undated; however,
the application was received in this office on 5 December 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.  The applicant enlisted on 30 June 1988 for a period of 3 years.  He
trained as an electronic warfare signal intelligence non-morse interceptor.


4.  On 18 February 1989, the applicant was assaulted in Boston and he
sustained a face injury.

5.  On 3 June 1991, the applicant extended his 3-year enlistment to a
period of
5 years and 10 months for participation in the BEAR program (military
occupational specialty 98C (signals intelligence analyst)).  On 16 April
1992, he reenlisted for a period of 4 years.
6.  On 19 April 1993, the applicant underwent a mental status evaluation
and was diagnosed with a personality disorder, not otherwise specified,
with paranoid and borderline features.  The psychiatrist determined that
the problems presented by the applicant were not amenable to
hospitalization, brief treatment, a rehabilitative transfer, disciplinary
action, retraining, or a military occupational specialty reclassification.
He stated it was unlikely that any rehabilitative measures would produce an
effective Soldier out of the applicant and that his present maladjustment
to military service reflected a life-long pattern of recurrent and immature
behavior, as well as an inability to relate effectively to others.  The
psychiatrist also stated that the applicant was unmotivated to become a
productive Soldier and that future threats of suicide and homicide remained
a possibility because of the applicant’s immaturity, impulsivity and poor
coping capacity.  He recommended appropriate command measures as the
preferred course of action rather than corrective measures through medical
channels.

7.  On 14 May 1993, the applicant underwent a separation physical
examination and was found qualified for separation with a physical profile
of 211111.

8.  On 27 May 1993, the applicant was notified of his pending separation
under the provisions of Army Regulation 635-200, chapter 5, for personality
disorder.  The unit commander based his recommendation for separation on
the mental status evaluation and recommended that the applicant be
furnished an honorable discharge.

9.  On 2 June 1993, the applicant requested representation by counsel and
waived the remainder of his rights.  He also elected not to submit a
statement on his own behalf.

10.  On 7 June 1993, the separation authority approved the recommendation
for separation and directed that the applicant be furnished an honorable
discharge.

11.  The applicant was honorably discharged on 1 July 1993 under the
provisions of Army Regulation 635-200, chapter 5, for personality disorder.
 He had completed 5 years and 2 days of creditable service.

12.  Army Regulation 635-200 provides 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.  The regulation requires that the 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 physician trained in
psychiatry and psychiatric diagnosis.
13.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of
Medical Fitness) provides that the basic purpose of the physical profile
serial system is to provide an index to the overall functional capacity of
an individual and is used to assist the unit commander and personnel
officer in their determination of what duty assignments the individual is
capable of performing, and if reclassification action is warranted.  Four
numerical designations (1-4) are used to reflect different levels of
functional capacity in six factors (PULHES): P-
physical capacity or stamina, U-upper extremities, L-lower extremities, H-
hearing
and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all
factors indicates that an individual is considered to possess a high level
of medical fitness and, consequently, is medically fit for any military
assignment.

14.  Title 10, United States Code, chapter 61, provides disability
retirement or separation for a member who is physically unfit to perform
the duties of his office, rank, grade or rating because of disability
incurred while entitled to basic pay.

15.  Army Regulation 635-40 governs the evaluation for physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  Paragraph 4-10 of this regulation states, in
pertinent part, that medical evaluation boards are convened to document a
Soldier’s medical status and duty limitations insofar as duty is affected
by the Soldier’s status.

16.  Paragraph 3-35 of Army Regulation 40-501 (Standards of Medical
Fitness) states, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  Medical evidence of record shows the applicant was assaulted in Boston
in February 1989 and he sustained a face injury.  Four years later, he was
diagnosed with a personality disorder and the psychologist determined that
his present maladjustment to military service reflected a life-long pattern
of recurrent and immature behavior, as well as an inability to relate
effectively to others.  The psychologist also stated that the applicant was
unmotivated to become a productive Soldier and that future threats of
suicide and homicide remained a possibility because of the applicant’s
immaturity, impulsivity and poor coping capacity.  The psychologist
recommended appropriate command measures as the preferred course of action
rather than corrective measures through medical channels.

2.  Although the applicant contends that an inaccurate diagnosis
(personality disorder) was made by a physician at the time of his
discharge, in the absence of evidence to the contrary it is presumed he was
properly diagnosed with a personality disorder by competent and appropriate
military medical authorities.

3.  There is no evidence of record which shows that the applicant was ever
medically unfit to perform his duties.  Medical evidence of record shows he
was found qualified for separation prior to discharge.  Therefore, there is
no basis for a medical discharge.

4.  The applicant’s administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.  He had an opportunity to
submit a statement in which he could have voiced his concerns and he failed
to do so.

5.  The type of discharge directed and the reasons therefore were
appropriate considering all the facts of the case.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 1 July 1993; therefore, the time for the applicant
to file a request for correction of any error expired on 30 June 1996.  The
applicant did not file within the 3-year statute of limitations and has not
provided a compelling explanation or evidence to show that it would be in
the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

WP_____  __MT____  _WC____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ___William Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017225                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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