RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060002233


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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, removal of the wording "Personality
Disorder" from Block 28 (Narrative Reason for Separation) on her DD Form
214 (Certificate of Release of Discharge from Active Duty).

2.  The applicant states, in effect, that after being discharged from the
Regular Army, she was able to serve in the United States Army Reserve
(USAR), was awarded various Certificates of Achievements, and served an
overseas tour.  She contends that a person with a personality disorder
would have not excelled in the USAR as she did.

3.  The applicant provides a copy of her DD Form 214 and four award
certificates in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 1 July 1994, the date of her release from active duty.  The
application submitted in this case is dated 11 January 2006.

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 in the Army on 18 November 1992 for a period of
three years.  After completion of basic and advanced individual training,
she was awarded military occupational specialty 91M (Hospital Food Service
Specialist).

4.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 29 April
1994, shows the applicant underwent a mental evaluation.  The examining
medical officer indicated that the applicant is diagnosed with "Adjustment
Disorder with Mixed Emotional Features" and "Personality Disorder NOS-
Inadequate and Borderline Traits."  The examining medical officer stated
that the "applicant's present maladjustment to military service reflects a
life-long pattern of recurrent
and immature behavior, as well as an inability to relate effectively to
others and is so deeply ingrained and severe as to significantly impair her
capacity to adapt to and function in the military environment."

5.  The examining medical officer stated the applicant expressed a desire
to remain in the military service to become a productive Soldier; however,
her past behaviors and conduct suggest that such an achievement was most
unlikely.  The examining medical officer continued that the applicant met
the retention standards, had no psychiatric disease or defect, and further
retention would likely create additional management problems.

6.  The examining medical officer recommended the applicant be formally
counseled as required by chapter 5-13, Army Regulation 635-200 (Active Duty
Enlisted Administrative Separations); have no access to weapons whatsoever;
a health and welfare inspection be done of the applicant's room to remove
hazardous materials; that she be watched closely for signs of depression or
suicide and returned to the Emergency Room or Psychiatry Clinic if such
signs were present; and ensure compliance with a psychiatric follow-up
appointment.  The examining medical officer advised the Commander to refer
the applicant to Alcohol & Drug Abuse Prevention & Control Program (ADAPCP)
in view of her suspected alcohol abuse.

7.  A DA Form 4856 (General Counseling Form), dated 25 May 1994, shows the
applicant was counseled regarding her mental status evaluation which
diagnosed her with a personality disorder.  The counselor indicated that
her maladjustment to military service reflected a life-long pattern of
recurrent and immature behavior, as well as an inability to relate
effectively to others and was deeply ingrained and severe as to
significantly impair her capacity to adapt to and function in the military
environment.

8.  The counselor further stated that based on the evaluation, she
recommended the applicant for separation under the provisions of Army
Regulation 635-200 (Active Duty Enlisted Administrative Separations),
paragraph 5-13 for personality disorder with an Honorable Discharge
Certificate.  The applicant indicated with her signature that she
acknowledged, understood, and concurred with the counseling.

9.  On 20 June 1994, the applicant's company commander recommended that she
be discharged under the provisions of paragraph 5-13 of Army Regulation 635-
200 for personality disorder.  The company commander indicated that the
reason for this action was due to the Mental Status Evaluation report which
indicates the applicant had an adjustment disorder with mixed emotional
features.  The company commander states that the report further indicated
that the applicant had a "personality disorder-inadequate with borderline
traits, maladjustment, and personality disorder so deeply ingrained and
severe as to significantly impair her capacity to adapt to and function in
a military environment."

10.  The applicant was notified that she was being considered for
elimination from the service under the provisions of chapter 4, paragraph 5-
13 of Army Regulation 635-200 for personality disorder.

11.  An undated form shows the applicant indicated that she was counseled
by appropriate counsel, that she is being considered for separation for
reason of personality disorder under the provisions of chapter 5 of Army
Regulation 635-200, and that she did provide statements on her own behalf.

12.  The applicant also acknowledged that she understood she may encounter
substantial prejudice in civilian life if she was issued a general
discharge.

13.  On 20 June 1994, the commanding officer of 18th Medical Command [APO
AP 96205-0054] approved the discharge under the provisions of chapter 5-13
of Army Regulation 635-200 for personality disorder and directed that the
applicant be separated with an Honorable Discharge Certificate.

14.  The applicant's DD Form 214 shows she was separated on 18 November
1994, under the provisions of paragraph 5-13 of Army Regulation 635-200, by
reason of personality disorder.  This form further shows she was separated
with a reentry code of RE-3, a separation code of LFX, and issued an
Honorable Discharge Certificate.  This form also shows she served 1 year,
7 months, and 14 days of net active service and that she was transferred to
the United States Army Reserve Control Group (Annual Training).

15.  The service records available do not contain any documentation
regarding her service in the USAR.

16.  The applicant submitted three Certificates of Achievement and one
Certificate of Appreciation that she received during her service with the
USAR.

17.  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 this chapter in
lieu of disciplinary action, requires that the diagnosis concludes the
disorder is so severe that the Soldier’s ability to function in the
military environment is significantly impaired, and states that separation
for personality disorder is not appropriate when separation is warranted
under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army regulation 604-10 or
Army Regulation 635-40.

18.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.

19.  Paragraph 2-4 of Army Regulation 635-5 states that each block of the
DD Form 214 must have an entry.  Block 26 (Separation Code) entry will
provide the corresponding separation program designator code for the
regulatory authority and reason for separation.  Block 28 (Narrative Reason
for Separation) entry will be based on the regulatory or other authority.

20.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes)
provides the specific authorities (regulatory or directive), reasons for
separating Soldiers from active duty, and the SPD codes to be entered on
the DD Form 214. It states, in pertinent part, that the SPD code of LFX is
the appropriate code to assign to Soldiers who were separated under the
provisions of paragraph 5-13, Army Regulation 635-200, by reason of
Personality Disorder.  The SPD/RE Code Cross Reference Table included in
the regulation stipulates that the RE code assignment is based on the
Department of the Army directive authorizing separation.

21.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) provides that RE-3 applies to persons not qualified for continued
Army service, but the disqualification is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests removal of the entry "Personality Disorder" from
Block 28 of her DD Form 214 because after being discharged she was able to
successfully serve in the USAR.

2.  Evidence shows the applicant was discharged based upon a Mental Status
Evaluation Report conducted by a Medical Corps officer who diagnosed her
with a personality disorder.

3.  Evidence shows she was counseled regarding the Mental Status Evaluation
report which she acknowledged, understood, and concurred with the report.

4.  Evidence confirms the applicant’s separation processing was
accomplished in accordance with the applicable regulation.  All
requirements of law and regulation were met, and her rights were fully
protected throughout the separation process.

5.  Regulation states that each block of the DD Form 214 must have an entry
and that information entered on the form should be accurate.  Regulation
also states the narrative reason will be "Personality Disorder" for
Soldiers being separated under the provisions of paragraph 5-13 of Army
Regulation 635-200.

6.  Evidence shows the applicant was assigned a RE code of 3 which
disqualified her for further military service.  Regulation states this
disqualification is waivable. In the absence of her records showing her
service in the USAR, it is presumed the recruiter obtained a waiver which
allowed her to enlist in the USAR.

7.  There is no evidence in the available records and the applicant has not
provided sufficient evidence showing that the diagnosis of a personality
disorder was inaccurate or unjust at the time of her separation from active
duty and transferred to the USAR.

8.  Although the applicant contends that she subsequently served
successfully in the USAR, her service in the USAR is not a sufficient
evidentiary basis to amend her separation document.

9.  Based on the foregoing, there is no basis to grant the relief
requested.

10.  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.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 July 1994; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 20 June 1997.  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

__LDS___  _AM____  _PMS___  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.




                                     __Linda D. Simmons______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002233                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1994/07/01                              |
|DISCHARGE AUTHORITY     |AR 635-200, para 5-13                   |
|DISCHARGE REASON        |Personality disorder                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  191  |110.0200.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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