RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 July 2006
      DOCKET NUMBER:  AR20050017732


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |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 changed to a
medical discharge due to schizophrenia, paranoid type disorder.

2.  The applicant states he was misdiagnosed and was correctly diagnosed by
the psychologist at the Department of Veterans Administration (DVA) in La
Jolla.

3.  The applicant provides a letter from a psychologist at the La Jolla DVA
Office.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 10 November 1993.  He was
discharged on 20 May 1999 and reenlisted on 21 May 1999.  The applicant
continued to serve on active duty through two reenlistments.  He was
promoted to staff sergeant on 1 February 2003.

2.  On 21 October 2004, the applicant was counseled for being recommended
for separation under the provisions of Army Regulation 635-200, chapter 5-
13.  He was informed that the Supervisor of Mental [Health Services] highly
recommended his expeditious return to his home garrison for chapter 5-13
administrative separation for a diagnosis of personality disorder.

3.  On 27 October 2004, the applicant was counseled for being recommended
for separation under the provisions of Army Regulation 635-200, chapter 5-
13.  He was informed that his condition was not getting better and he was
being recommended for separation.

4.  The applicant was counseled on 1 November 2004 for being observed by
the courtesy patrol committing an indecent act at the Gulf Night Club.  On
the same date, he was counseled for being recommended for separation action
under the provisions of Army Regulation 635-200, chapter 5-13.  He was
informed that due to his condition medical doctors had determined he was
unable to continue service in the military.

5.  The unit commander notified the applicant of pending separation action
under the provisions of Army Regulation 635-200, paragraph 5-13 for
personality disorder, date unknown.  He was advised of his rights.

6.  On 3 November 2004, the unit commander recommended that the applicant
be separated from the U.S. Army for an Adjustment Disorder and receive an
honorable discharge.  The unit commander stated that the applicant was
diagnosed on 26 August 2004 as having a chronic adjustment disorder with
narcissistic and obsessive traits resulting in disturbance of emotion and
conduct.

7.  On 9 November 2004, the applicant voluntarily waived consideration of
his case by an administrative separation board contingent upon him
receiving a characterization of service or description of separation no
less favorable than honorable.  He did not submit statements in his own
behalf.

8.  On 11 November 2004, the applicant acknowledged that he had been
advised by his consulting counsel of the basis for the contemplated action
to separate him for being diagnosed with having a chronic adjustment
disorder with narcissistic and obsessive traits under Army Regulation 635-
200, chapter 5-13.  He requested consideration of his case by an
administrative separation board, requested personal appearance before an
administrative board, requested consulting counsel and representation by
military counsel, and submitted statements in his own behalf.

9.  On 15 November 2004, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice for committing sodomy
with an unknown female Korean employee and wrongfully committing an
indecent act with an unknown Korean female.  His punishment consisted of a
reduction to sergeant; a forfeiture of $750.00 pay per month for 1 month;
extra duty for 45 days; and restriction to the limits of the battalion
area, dining area and medical facilities and place of worship for 45 days.


10.  On 18 November 2004, the separation authority approved the separation
action, waived rehabilitative requirements, and directed service be
characterized as honorable.

11.  The applicant was discharged on 1 December 2004 under the provisions
of Army Regulation 635-200, paragraph 5-13 for personality disorder with an
honorable discharge.  He served 11 years and 22 days total active military
service.

12.  The applicant submitted a letter dated 19 August 2005 from a physician
at the DVA Regional Office in San Diego, California.  The physician stated
he believes the applicant was discharged from the Army secondary to his
disease.  The applicant reported that his paranoia started as early as
August 2004.  Since his discharge, the applicant's delusions have gotten
much worse.  For these reasons, the applicant was hospitalized on 12 August
2005 and he has been under the physician’s care since that time.  This
physician also stated the applicant should be granted service-connected
disability based on his diagnosis of schizophrenia, paranoid type.
13.  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 regulation also
directs that commanders will not take action prescribed in
chapter 5 in lieu of disciplinary action.  The service of a Soldier
separated per
this paragraph will be characterized as honorable unless an entry level
separation is required under chapter 3, section III.

14.  Army Regulation 635-40 governs the evaluation of physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  The unfitness is of such a degree that a Soldier is
unable to perform the duties of his office, grade, rank or rating in such a
way as to reasonably fulfill the purposes of his employment on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit commander indicated the applicant was evaluated on
26 August 2004 and he was diagnosed with having a chronic adjustment
disorder with narcissistic and obsessive traits.  It is presumed he was
properly diagnosed by competent appropriate military medical personnel.

2.  In the absence of evidence showing he was not properly diagnosed by
competent military medical personnel, the applicant's authority and
narrative reason for separation are correct and were applied in accordance
with the applicable regulations.

3.  Based on the findings of the DVA Regional Office however, the DVA could
award service connection based upon their own policies and procedures.

4.  The applicant has failed to show through the evidence submitted or the
evidence of record that the type of discharge issued to him was in error or
unjust.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JS______  CD______  JM______  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.




                                  John Slone____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017732                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20041201                                |
|DISCHARGE AUTHORITY     |AR635-200, chapter 5                    |
|DISCHARGE REASON        |Personality disorder                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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