RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060015906 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Ms Yolanda Maldonado

Chairperson

Ms. Laverne M. Douglas

Member

Mr. Gerald J. Purcell

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 the narrative reason for separation and reentry (RE) code be changed on her DD Form 214 (Certificate of Release or Discharge from Active Duty) with the period ending 15 May 2006.

2.  The applicant states, in effect, that she would like to have her narrative reason changed on her discharge because it is not true and her RE code changed so that she may finish her service and that she takes full responsibility for her actions.  She thinks it was wrong for her chain of command to push her to talk and pass her from one person to another to label her with a diagnosis that is not true.  She continued that there are plenty of individuals in the military who suffer depression.

3.  The applicant states that she never let her personal problems get in the way of her military duty and that she is a team player.  Since then she has learned from her mistakes and how to deal with them.  She is working on her post-traumatic stress disorder that is almost over and attending school to finish her degree for a registered nurse.  Her desire is to come back to the military and finish the job she signed up for.

4.  The applicant provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in support of Operation Iraqi Freedom (OIF).

2.  The applicant enlisted in the Regular Army on 22 September 2004 and successfully completed basic training and advanced individual training.  She was awarded military occupational specialty 91W (Health Care Specialist).

3.  On 22 February 2006, the applicant underwent a mental status evaluation and was diagnosed as having a personality disorder by a military psychiatrist.  The military psychiatrist that stated in accordance with Army Regulation 635-200, the applicant met the criteria for chapter 5-13, administrative separation for personality disorder as indicated by the following manifestations defined by the Diagnostic and Statistical Manual-Fourth Edition (DSM-IV):  (1) Recurrent suicidal behavior; gestures, or threats; (2) Self-mutilating behavior; (3) Poor impulse control; (4) Chronic feelings of emptiness; and (5) Inappropriate, intense anger.  The military psychiatrist determined that the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible.


4.  The military psychiatrist further stated that the applicant had recently been evaluated in Iraq for suicidal thoughts and she had a history of self-mutilating behaviors, unstable relationships, and poor affect control.  He continued "Prior to deployment, 101st Division Behavioral Health had recommended this service member be separated from the military.  I spoke with CPT D. B______, Psychiatrist, who states that during the Soldier's current deployment to Iraq, she made no improvement in her symptoms.  It is my professional opinion that this Soldier's behavior cannot be changed and that she will continue to be a liability for her unit."  The military psychiatrist recommended that the applicant be expeditiously separated from the military. 

5.  On 9 May 2006, the applicant’s commander initiated elimination of the applicant under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 for personality disorder.  The reason cited by the commander was the applicant was diagnosed with having a personality disorder pursuant to DSM-IV which interferes with her ability to perform military duties.

6.  On 9 May 2006, the applicant was advised by consulting counsel of the basis for the contemplated separation action.  The applicant indicated that she was counseled by appropriate counsel and that she was not entitled to have her case heard by an administrative separation board.  The applicant also indicated that she would provide statements on her own behalf.

7.  The applicant stated, in effect, that she disagreed with the chapter discharge she would receive.  She indicated that she had issues with abuse and did not see herself as a liability.  She stated that she had too many individuals telling her what to do from different angles and was pushed from one person to the next.  So in turn she had no idea what she was to do and became confused that she dealt with her issues the wrong way.  Mistakes were made and she had learned from them, she believed that she deserved a second chance and that she had learned how to deal with her problem.  

8.  On 11 May 2006, the appropriate authority approved the recommendation for discharge.  On 15 May 2006, the applicant was discharged under the provisions of chapter 5 of Army Regulation 635-200, with an honorable discharge, by reason of "PERSONALITY DISORDER."  She had completed 1 year, 7 months, and 24 days of creditable active service with no days of lost time.

9.  The applicant's DD Form 214 with the ending period 15 May 2006 showed in item 27 (Reentry Code) the entry "3."


10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13 sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty.  This condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the Department of Defense components.  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.  

11.  Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Paragraph 3-21 of the regulation states that RE-3 applies to a Soldier who is not considered fully qualified for reentry or continuous service at time of separation, but the disqualification is waivable. 

12.  Recruiting personnel have the responsibility for initially determining whether an individual meets current enlistment criteria.  They are required to process a request for waiver under the provisions of chapter 4, Army Regulation 601-210.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for separation should be changed on her DD Form 214 because it is not true.  However, the evidence of record confirms she was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, her separation processing was accomplished in accordance with the applicable regulation.  

2.  The applicant contends that she needs her RE code changed on her DD Form 214 in order to finish her service.  However, the ABCMR does not change records solely to allow former Soldiers reenter the service.  The evidence of record confirms that the applicant’s separation processing was accomplished in accordance with the applicable regulations, to include the RE-3 code assignment.  Lacking independent evidence to the contrary, it is determined that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the assigned RE-3 code was appropriate.  


3.  However, this does not mean that the applicant has been completely denied the opportunity to reenlist.  Since she is eligible to apply for a waiver, she has the option of visiting her local recruiting station and consulting with recruiting personnel who are required to process waiver request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___YM      __LM D__  __GJP___  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.




___ Yolanda Maldonado _
          CHAIRPERSON




INDEX

CASE ID
AR20060015906
SUFFIX

RECON

DATE BOARDED
15 MAY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MR. SCHWARTZ
ISSUES         1.
100.0300.0000
2.
110.0200.0000
3.

4.

5.

6.