RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2007
	DOCKET NUMBER:  AR20060014496 


	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.


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	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 Item 25 (Separation Authority), Item 26, (Separation Code), Item 27, (Reentry Code); and Item 28 (Narrative Reason for Separation) of his 7 February 1990 Separation Document (DD Form 214) be corrected. 

2.  The applicant states, in effect, that he would like the personality disorder entry in Item 28 of his DD Form 214 removed because it has negatively affected his life since his discharge.  He claims he has been denied numerous jobs requiring a background check such as the Houston Fire Department and other law enforcement positions.  He states he now works as a truck driver and is unable to obtain a hazmat endorsement on his license due to the personality disorder entry on his DD Form 214.  He also claims that this has kept him and his spouse from being able to adopt or foster a child and he feels like a convicted felon instead of someone who served his country proudly and who has never been arrested.  

3.  The applicant also states that he served in the Army for over 5 years without a disciplinary problem.  Therefore, he does not understand why a personality disorder entry was made on his DD Form 214.  He states that in late 1989, he lost his only brother, who was his best friend.  In addition, his first wife, who is a German National, left him the same day his brother passed away and she took his child back to Germany.  He believes this would have caused anyone to become a little depressed, and the Army did not offer him counseling or support as is shown in his medical records and Military Personnel Record Jacket (MPRJ). The Army instead chose to discharge him.  He indicates that based on this personality disorder, he filed a claim with the Department of Veterans Affairs (VA) for major depression and a Post Traumatic Stress Disorder (PTSD) because that was the only personality disorder he was diagnosed with.  However, the VA rejected his claim and stated that he did not develop this condition while he was in the Army.  He further states that he does not understand how he can be discharged from the Army for major depression and PTSD when the VA says he does not suffer from this condition.  Either he had major depression and PTSD or he had no personality disorder at all.

4.  The applicant provides a Self-Authored Statement; VA Rating, dated 
29 August 2006; and his DD Form 214 in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 7 February 1990, the date of his discharge.  The application submitted in this case is dated 6 October 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’s record shows he enlisted in the Regular Army and entered active duty on 4 December 1984.  He was trained in and awarded military occupational specialty (MOS) 63B (Light Wheel Vehicle Mechanic) and the highest rank he attained while serving on active duty was specialist (SPC).  

4.  On 11 December 1989, the applicant underwent a mental health evaluation.  The examining psychiatrist diagnosed him as having an occupational problem and personality disorder, with antisocial and passive-aggressive features.  The examining Psychiatrist stated that the applicant displayed a predominantly antisocial personality during the evaluation and endorsed an assaultive ideation.  He also stated that the applicant's personality disorder was considered a lifelong problem of character and behavior and was essentially untreatable with available methods.  He further indicated that the command's efforts to rehabilitate the applicant would most likely be a waste of effort and resources.  The Psychiatrist recommended the applicant be expeditiously administratively separated in accordance with chapter 5-13, Army Regulation 635-200.

5.  On 8 January 1990, the applicant’s unit commander notified him that he was contemplating action to separate him under the provisions of paragraph 5-13, Army Regulation 635-200, based on his diagnosed personality disorder.  

6.  On 12 January 1990, the applicant was advised of the basis for the contemplated separation action, its effects and of the rights available to him by his consulting counsel and he elected not to submit statements in his own behalf.


7.  On 19 January 1990, the separation authority approved the applicant’s separation under the provisions of paragraph 5-13, Army Regulation 635-200 due to a personality disorder, and directed that the applicant receive an honorable discharge.  On 7 February 1990, the applicant was discharged accordingly.

8.  The DD Form 214 issued to the applicant upon his separation confirms, in Item 25, that the authority for his separation was chapter 5, Army Regulation 635-200.  Item 26 shows he received a Separation Program Designator (SPD) code of JFX and Item 27 shows he was assigned a reentry (RE) code of RE-3.  Item 28 confirms the reason for his separation was Personality Disorder.  The applicant authenticated the DD Form 214 with his signature in Item 21 (Signature of Member Being Separated) on the date of his separation.    

9.  On 21 August 1996, the Army Discharge Review Board (ADRB), after careful consideration of the applicant’s case, determined the reason for his discharge was proper and equitable and it voted to deny his request for change to the narrative reason for his discharge.  

10.  The applicant provides a VA Rating, dated 29 August 2006.  This document shows that PTSD and major depression were not related to his military service and therefore could not grant service connection.

11.  Army Regulation 635-5-1 (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.  The SPD code of JFX is the appropriate code to assign soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder.  Additionally, the SPD/RE Code Cross Reference Table establishes RE-3 as the proper reentry code to assign to Soldiers separated with an SPD code of JFX.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that there is an error to the entries listed in Items 25, 26, 27, and 28 of his DD Form 214 was carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms the applicant was diagnosed with a personality disorder by competent medical authority.  It further shows that the examining Psychiatrist confirmed his condition was a lifelong condition and was not directly related to his military service.  
3.  The VA rating provided by the applicant does not, as he indicates, show that he did not suffer from the personality disorder that resulted in his discharge.  It simply indicates that his condition was not related to his military service and as a result did not support a disability rating from the VA.  

4.  The evidence of record also shows the applicant was fully advised of the basis for his separation, and that his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  As a result, the entries in Items 25, 26, 27, and 28 of his 
DD Form 214 accurately reflected the authority and reason for his separation and the appropriate separation and reentry codes.  These entries were proper and equitable at the time of his discharge, and remain valid.  Therefore, there is an insufficient evidentiary basis for changing it at this time. 

5.  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.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 7 February 1990, the date of his discharge. Therefore, the time for him to file a request for correction of any error or injustice expired on 6 February 1993.  He 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

__x  __x__  __x__  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.



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          CHAIRPERSON




INDEX

CASE ID
AR20060014496
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/10
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1990/02/7
DISCHARGE AUTHORITY
AR635-200 . . . . .  
DISCHARGE REASON
Personality Disorder
BOARD DECISION
Deny
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110
2.

3.

4.

5.

6.