RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 September 2006
      DOCKET NUMBER:   AR20060000969


      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. Eric Anderson                 |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. Richard Murphy                |     |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 separation authority,
separation code and narrative reason for separation be changed to reflect
that he was discharged under the provisions of Army Regulation 635-200,
paragraph 5-17, with a separation code of “JFR” and a narrative reason for
separation of physical disability.

2.  The applicant states, in effect, that he was improperly discharged by
reason of Army Regulation 635-200, paragraph 5-13 due to a personality
disorder and should have been discharged by reason of physical disability.
He further states that he was misdiagnosed by military officials as having
a personality disorder and was improperly discharged for that reason.  As a
result of that misdiagnosis, he has been denied access to seriously needed
health care and other earned benefits.  He continues by stating that his
diagnoses by the Department of Veterans Affairs (VA) of 100% service
connection for obsessive-compulsive disorder with psychotic disorder
effective the date after his discharge is indicative that his record should
be changed.

3.  The applicant provides a copy of his report of separation (DD Form
214), a copy of his Report of Mental Status Evaluation (DA Form 3822-R),
and a copy of his VA Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Army Reserve (USAR) under
the delayed entry program (DEP) on 30 April 2004 for a period of 8 years.
He enlisted in the Regular Army on 28 July 2004 for a period of 5 years,
training under the Special Forces Training option and a cash enlistment
bonus of $7,000.
2.  He completed his basic, advanced and airborne training at Fort Benning,
Georgia, and was transferred to Fort Bragg, North Carolina, to undergo his
Special Forces training.

3.  On 11 July 2005, the applicant underwent a mental status evaluation and
was diagnosed as having a personality disorder – NOS (Not otherwise
specified) (Mixed, Cluster B).  Cluster B includes Antisocial Personality
Disorders, Borderline Personality Disorders, Histronic Personality Disorder
and Narcissistic Personality Disorders.  The examining clinical
psychologist opined that the applicant was not deployable from a
psychiatric perspective and recommended that he be discharged under the
provisions of Army Regulation 635-200, paragraph 5-13, due to personality
disorder.

4.  The applicant’s commander and first sergeant notified the applicant
that he was being recommended for separation from the service under the
provisions of Army Regulation 635-200, paragraph 5-13, due to a personality
disorder.  After consulting with counsel, the applicant waived his rights
and elected not to submit a statement in his behalf.

5.  The appropriate authority approved the recommendation for discharge on
8 August 2005 and directed that he be furnished an Honorable Discharge
Certificate.

6.  Accordingly, he was honorably discharged on 23 August 2005, under the
provisions of Army Regulation 635-200, paragraph 5-13, due to a Personality
Disorder.  He had served 1 year and 26 days of total active service.

7.  On 23 December 2005, the VA awarded the applicant 100% service
connection for obsessive compulsive disorder with psychotic disorder
effective 24 August 2005.

8.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement,
or Separation, provides that the mere presence of an impairment does not,
of itself, justify a finding of unfitness because of physical disability.
In each case, it is necessary to compare the nature and degree of physical
disability present with the requirements of the duties the member may
reasonably be expected to perform because of his or her office, rank, grade
or rating.

9.  Title 38, United States Code, sections 310 and 331, permits the VA to
award compensation for a medical condition which was incurred in or
aggravated by active military service.  The VA, however, is not required by
law to determine medical unfitness for further military service.  The VA,
in accordance with its own policies and regulations, awards compensation
solely on the basis that a medical condition exists and that said medical
condition reduces or impairs the social or industrial adaptability of the
individual concerned.  Consequently, due to the two concepts involved, an
individual's medical condition, although not considered medically unfitting
for military service at the time of processing for separation, discharge or
retirement, may be sufficient to qualify the individual for VA benefits
based on an evaluation by that agency.

10.  There is a difference between the Department of Veterans Affairs (VA)
and the Army disability systems.  The Army’s determination of a Soldier’s
physical fitness or unfitness is a factual finding based upon the
individual’s ability to perform the duties of his or her grade, rank or
rating.  The VA may find a Soldier unfit by reason of service-connected
disability and may even initially assign a higher rating.  The VA’s ratings
are based upon an individual’s ability to gain employment as a civilian and
may fluctuate within a period of time depending on the changes in the
disability.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative discharge was administratively correct
and in conformance with applicable regulations with no indication of any
violations of the applicant rights.  Accordingly, the type of discharge
directed and the reasons therefore were appropriate under the
circumstances.

2.  The Board has noted the applicant's contentions; however, he has failed
to show through the evidence submitted and the evidence of record that
separation through medical channels was warranted at the time of separation
or that he was not found fit for separation.

3.  The fact that the VA, in its discretion, has awarded the applicant a
disability rating is a prerogative exercised within the policies of that
agency.  It does not, in itself, establish physical unfitness for
Department of the Army purposes.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___EA __  ____RL__  __RM___  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.





                                  _____Eric Anderson________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000969                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060914                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |20050823                                |
|DISCHARGE AUTHORITY     |AR 635-200, Para 5-13                   |
|DISCHARGE REASON        |Pers Disorder                           |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |177/pd                                  |
|1.108.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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