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ARMY | BCMR | CY2006 | 20060006335C070205
Original file (20060006335C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 December 2006
      DOCKET NUMBER:  AR20060006335


      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. Peter Fisher                  |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Mr. Jeffrey Redmann               |     |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 narrative reason for discharge be
changed from Personality Disorder to Schizophrenia, Paranoia in item 28
(Narrative Reason) on his DD Form 214 (Certificate of Release or Discharge
from Active Duty).

2.  The applicant states that the Department of Veterans Affairs (DVA)
granted him service connection for schizophrenia, paranoid type with 70
percent disability rating.  He states that an appeal is pending for 100
percent [disability rating].

3.  The applicant indicated on his application that he had provided a DVA
Rating Decision; however, this document is not available.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 12 July 2001.  He
completed the required training and was awarded military occupational
specialty 19K (M1 Abrams Armor Crewman).  He was assigned to Germany in
December 2001.

2.  He was promoted to private first class on 12 July 2002.

3.  The applicant underwent a mental status evaluation on 4 December 2002
and was diagnosed by a military psychiatrist with having schizotypal
personality disorder.  The psychiatrist indicated that this condition was
not amenable to hospitalization, treatment, transfer, disciplinary action,
training, or reclassification to another type of duty within the military.
The psychiatrist also indicated that this condition was present prior to
the applicant’s enlistment and was a deeply ingrained maladaptive pattern
of behavior and thought process that interfered with the applicant’s
ability to perform his duty.  He recommended the applicant be separated
from the U.S. Army under the provisions of Army Regulation 635-200,
paragraph 5-13.

4.  On 21 December 2002, the unit commander notified the applicant of
pending separation action under the provisions of Army Regulation 635-200,
paragraph
5-13, for personality disorder.  The applicant was advised of his rights.

5.  The applicant acknowledged notification of separation action on 21
December 2002.  He consulted with legal counsel and did not submit
statements in his own behalf.

6.  On 25 December 2002, the separation authority approved the separation
action with issuance of an honorable discharge.
7.  The applicant was discharged on 17 January 2003 under the provisions of
Army Regulation 635-200, paragraph 5-13 for personality disorder with an
honorable discharge.  He served 1 year, 6 months, and 5 days total active
military service.

8.  Block 26 (Separation Code) on his DD Form 214 shows his separation code
as “JFX” (Personality Disorder).

9.  Block 28 on his DD Form 214 shows the narrative reason as “PERSONALITY
DISORDER.”

10.  Army Regulation 635-5-1 (SPD Codes) prescribed the specific
authorities (regulatory, statutory, or other directives), the reasons for
the separation of members from active military service, and the SPD codes
to be used for these stated reasons.  The regulation, in effect at the
time, showed that the SPD code “JFX” as shown on the applicant’s DD Form
214 specified the narrative reason for separation as involuntary release or
transfer for “Personality Disorder” and that the authority for separation
under this separation program designator was “AR 635-200, Paragraph 5-13."

11.  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 be a
deeply ingrained maladaptive pattern of behavior of long duration that
interferes with the Soldiers ability to perform duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative discharge proceedings under the
provisions of Army Regulation 635-200, paragraph 5-13 were conducted in
accordance with law and regulations applicable at that time.

2.  The applicant's DD Form 214 properly reflects he was separated with a
separation code of "JFX" for Personality Disorder in accordance with the
governing regulation in effect at the time.

3.  The applicant’s contention that the DVA granted him service connection
for schizophrenia, paranoid type with 70 percent disability rating and a
100 percent disability rating was pending is acknowledged.  However, in the
absence of evidence to the contrary, it is presumed he was examined by
competent military medical personnel who made a valid determination that he
had a personality disorder at the time of his separation.
4.  The applicant has failed to show through the evidence submitted or the
evidence of record that the narrative reason given to him was in error or
unjust.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

PF______  TR______  JR______  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.




                                  Peter Fisher__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006335                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061221                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20030117                                |
|DISCHARGE AUTHORITY     |AR635-200, paragraph 5-13               |
|DISCHARGE REASON        |Personality Disorder                    |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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