RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060014148 


	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.  


x

	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 the Separation Authority, Separation Code, Reentry (RE) Code and Narrative Reason for Separation on his report of separation (DD Form 214) dated 18 February 2005 be changed to a more favorable reason. 

2.  The applicant states, in effect, that he was unjustly discharged by reason of a personality disorder and that he was wrongly treated by the commander of the Reserve Officer Training Corps (ROTC) Detachment in Alaska.  He further states that the psychiatrist only spoke to him for 10 minutes and then wrote what the command wanted him to write and unjustly diagnosed him as having a character and behavior disorder, which has prevented him from obtaining employment commensurate with his education.  

3.  The applicant provides a six-page explanation of his application, copies of birth certificates for his three children, three letters of recommendation, a letter of support from a chaplain, his mental status evaluation, a copy of his letters of acceptance to Florida Atlantic University and Florida International University, copies of his release from the ROTC Two-Year Green to Gold Active Duty Option Program, copies of congressional inquiries, and various documents related to his separation proceedings.   

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the United States Navy (USN) on 24 May 1999 and served until he was discharged under honorable conditions on 10 February 2000 due to a personality disorder.  He was issued a RE Code of RE-3C.

2.  On 31 January 2003, he enlisted in the Regular Army with a waiver of his RE Code, for a period of 4 years and training as a health care specialist.  He completed his basic combat training at Fort Benning, Georgia and was transferred to Fort Sam Houston, Texas, to undergo his advanced individual training.  For reasons not explained in the available records, he was transferred to Fort Lee, Virginia to undergo training as a petroleum supply specialist.  He completed that training and was transferred to Fort Wainwright at Fairbanks, Alaska on 16 January 2004, for assignment to a support battalion.   

3.  The applicant applied for and was accepted in the ROTC Green to Gold Active duty option program to attend the University of Alaska – Fairbanks (UAF) to complete a Masters Degree in Political Science for 2 years beginning in July 2004.  He was assigned to the student detachment at Fort Jackson, South Carolina while attending UAF. 

4.  On 16 December 2004, the commander of the ROTC Detachment at the UAF notified the applicant that he was initiating a request to disenroll the applicant from the ROTC Program.  He cited as the basis for his recommendation the applicant’s overall level of performance, attitude, inability to integrate into the program, failure to utilize the chain of command, lack of character and integrity. 

5.  On 30 December 2004, the appropriate authority (a major general) approved the recommendation for release from the ROTC Program and directed that the applicant be returned to his enlisted military occupational specialty and reassigned based on the needs of the Army. 

6.  On 14 January 2005, the applicant underwent a mental status evaluation based on a referral from the commander of the ROTC Detachment at the UAF.  The examining psychiatrist diagnosed the applicant as having an Adjustment Disorder Unspecified and a Personality Disorder not Otherwise Specified. 

7.  On 20 January 2005, the applicant was notified that he was flagged pending adverse action and that the flag (Suspension of Favorable Personnel Actions) had been initiated by his unit at Fort Jackson.  He was also notified that the flag was initiated pending an investigation regarding his falsifying government documents and other matters related to his enrollment in the ROTC Program.  He was further informed that he was to proceed to Fort Jackson with a master sergeant as his escort.  He was restricted to Fort Jackson on 21 January 2005 and on 24 January 2005, orders were issued reassigning him to Fort Lewis, Washington.

8.  On 2 February 2005, the applicant’s commander at Fort Jackson initiated action to discharge the applicant from the service under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.

9.  After consulting with counsel, the applicant submitted a request for a conditional waiver in which he agreed to waive his rights in return for his receiving at least a general discharge. 

10.  The appropriate authority approved the recommendation and directed that he be furnished an Honorable Discharge Certificate.

11.  Accordingly, he was honorably discharged on 18 February 2005 under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  He had served 2 years and 17 days of active duty in the Regular Army and was issued a RE Code of “3”.

12.  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’s 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 and supporting documents; however, he has failed to show through the evidence submitted and the evidence of record that he was improperly diagnosed as having a personality disorder.  

3.  The examining psychiatrist diagnosed him as having a personality disorder and cited the fact that he had also been previously separated from the USN for like reasons.  Therefore, given the available facts in this case, it would not be appropriate to attempt to second guess the psychiatrist who examined the applicant at the time and determined that the applicant exhibited the symptoms of a personality disorder.    

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

__x ___  __x___  __x__  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.





______ x_______
          CHAIRPERSON




INDEX

CASE ID
AR20060014148
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.110.0200
191/RSN/AUTH
2.

3.

4.

5.

6.