RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 July 2007
      DOCKET NUMBER:  AR20070008954


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Rose Lys                      |     |Member               |
|     |Mr. James Hastie                  |     |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 separation code and his narrative
reason for separation be changed to show that he was discharged due to
dependency or hardship.

2.  The applicant states that his separation code and his narrative reason
for separation were based on a misdiagnosed incurable personality disorder,
which he did not have at the time of his separation and he does not have
now.  He states that the diagnosis was made without psychiatric testing
ever being performed.  He states that he has been evaluated on 10 July
2006, with the most accurate testing available and the results clearly
indicate that he does not have a personality disorder.  He states that
since this condition is incurable, he could not have had a personality
disorder at the time of his separation.

3.  The applicant provides in support of his application a statement
explaining the incident which led to his diagnosis of personality disorder
and his interpretation of the definition of personality disorder; a letter
from a Clinical Family Nurse Practioner at the Omega Mental Health facility
dated 17 March 2006, recommending that the applicant be allowed to reenter
the Army; a letter from medical doctor at Omega Health Services dated 30
August 2006, providing his summary and results of a psychiatric evaluation
that the applicant underwent; and copies of records from the Thurston
Country Sheriff's Department regarding his transport from his residence to
a hospital.

4.  The applicant also provides in support of his application; a copy of
his progress record which provides his diagnosis, condition on discharge
from the hospital and instruction dated 25 March 1991; emergency care and
treatment notes from Madigan Army Medal Center dated 25 March 1991; a copy
of an Emergency Room Flowsheet dated 25 March 1991; a copy of his Medical
Record – Supplemental Medical Data dated, 26 March 1991; medical record
progress notes dated 26 March 1991; a copy of his Report of Metal Status
Evaluation dated 26 March 1991; a copy of his Certificate of Release or
Discharge (DD Form 214); a copy of appreciation from the Madigan Army
Medical Center dated 10 October 1990; copies of letters of appreciation,
certificates of completed class courses and a volunteer service award;
employment verification from former employers; copies of his school
transcripts; a copy of his marriage license; a copy of a Melchizedek
Priesthood Ordination Certificate; and a portion of his application for a
waiver for reenlistment.



CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 May 1991.  The application submitted in this case is
dated 25 January 2007.

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.  On 26 October 1985, the applicant enlisted in the United States Army
Reserve (USAR) under the Delayed Entry Program, in Los Angeles, California,
for 8 years, in the pay grade of E-1.  The available records show that he
refused to ship; however, the record is void of what action was taken in
regard to his enlistment contract.

4.  On 20 June 1989, the applicant reenlisted in the USAR under the Delayed
Entry Program, in Boise, Idaho, for 8 years, in the pay grade of E-2.  He
enlisted in the Regular Army for 6 years on 20 September 1989 and he
successfully completed his training as a medical specialist.  On 6 March
1990, he was transferred to Tacoma, Washington, and he was assigned to the
Army Medical Department, Company A, Madigan Army Medical Center.

5.  The applicant was promoted to the pay grade of E-3 on 1 July 1990.

6.  The available records show that while assigned to Madigan Army Hospital
Center, the applicant received three letters of appreciation from
individuals expressing their gratitude for the superb treatment and care
that either they or their family members received while hospitalized.

7.  Accordingly to records maintained by the Thurston County Sheriff's
Department, on 25 March 1991, the applicant called a friend and told him
that he intended to commit suicide.  He was found by law enforcement
officers in an agitated, hysterical mental state, lying face down on his
living room floor.  He was


mostly incoherent, sobbing uncontrollably and writing what appeared to be a
suicide note.  He resisted efforts to control him and he was forcibly
transported to St. Peters Hospital.

8.  While at St. Peters Hospital, the applicant's family requested that he
be transferred to Madigan Army Medical Center.  According to documented
notes, when the applicant arrived at the emergency room he was in a highly
agitated state, screaming, yelling and completely uncooperative.  He was
placed in four point restraints for his own safety.  His wife reported
recent marital problems due to drug use (marijuana) and infidelity.  The
documented notes indicate that the applicant and his wife got into a fight
and she told him that the marriage was over; that he wrote a suicide note
and became out of control; that he continued to be extremely agitated while
in the emergency room; that he attempted to get a pillow over his head and
suffocate himself; and that he refused to talk to the staff. He was
subsequently transported to Madigan Army Medical Center emergency room by
ambulance where, upon admission, he was diagnosed as having an acute
adjustment disorder and depression.  The applicant was transferred to the
psychiatric ward.

9.  Doctor's admission notes dated 26 March 1991 indicate that at the time
of his admission, there was a question of suicidal ideation; that the
applicant had previously been evaluated in the psychiatric outpatient
clinic; that he joined the Army for medical benefits for his family; that
he wanted out of the service; that his sleep and appetite were poor; and
that he was overly dramatic.  The doctor's impression was that the
applicant was suffering from a personality disorder, not otherwise
specified, with histrionic, antisocial and borderline features.  The
doctor's plan was to discharge him to duty with follow-up in the
psychiatric outpatient clinic.

10.  The applicant was discharged to duty on 26 March 1991.  His condition
at the time of his discharge was stable and improved.  His suicidal
ideation had been resolved.  His discharge diagnosis was personality
disorder, not otherwise specified.

11.  On 26 March 1991, the applicant underwent a mental status evaluation
and the attending psychiatrist indicated that the applicant behavior was
normal; his was fully alert; he was fully oriented; is mood or affect was
unremarkable; his thinking process was clear; his through content was
normal; and his memory was good.  The psychiatrist further determined that
the applicant had the mental



capacity to understand and participate in the proceedings; that he was
mentally responsible; and that the diagnostic impression was that of a
personality disorder within the meaning of Army 40-501, Army Regulation 635-
200 and the Diagnostic and Statistical Manual (DSM-III-R).  The
psychiatrist opined that the applicant disorder was so severe that his
ability to function effectively in a military environment was significantly
impaired and that problems presented by him were not amenable to
hospitalization, brief treatment, a rehabilitative transfer, disciplinary
action, retraining, or an military occupational specialty reclassification.
 The psychiatrist further opined that further retention of the applicant
would likely create additional management problems for the commander and he
recommended that the applicant be administratively separated.

12.  On 26 April 1991, the applicant was notified that he was being
recommended for discharge under the provisions of Army Regulation 635-200,
chapter 5-13 due to personality disorder.  He acknowledged receipt of the
notification and, after being notified of his right to consult with
counsel, declined the opportunity to consult with appointed counsel and he
opted not to submit a statement in his own behalf.

13.  The appropriate authority approved the recommendation for discharge on
30 April 1991 and he directed the issuance of an Honorable Discharge
Certificate.  Accordingly, on 6 May 1991, the applicant was honorably
discharged under the provisions of Army Regulation 635-200, chapter 5-13,
due to personality disorder.  He had completed 1 year, 7 months and 17 days
of net active service and he was assigned a JFX (Personality Disorder)
separation code.

14.  Army Regulation 635-200, chapter 5 provides for separation based on
personality disorders.  It states, in pertinent part, that a member may be
separated for a personality disorder (not amounting to disability) that
interferes with assignment to or performance of duty.  Commanders will not
take action prescribed in this chapter in lieu of disciplinary action
solely to spare a member who may have committed serious acts of misconduct
for which harsher penalties may be imposed under the Uniformed Code of
Military Justice.  Separation for personality disorder is not appropriate
when separation is warranted under the provision of chapters 4, 5, (other
than section II), 7, 9, 10, 11, 13, 14 and 15.





15.  Army Regulation 635-5-1 prescribes the specific reasons for separating
soldiers from active duty and the separation codes to be entered on the DD
Form 14.  It provides that when a soldier’s narrative reason for separation
is personality disorder a JFX code will be entered in block 26 of the DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize his rights.

2.  It appears that the narrative reason for separation and the separation
code that he was assigned were appropriate considering all the facts of the
case.

3.  A thorough review of the documentation that the applicant submitted in
support of his application has been conducted.  The statements and
arguments made by the applicant, medical personnel and his former employers
have also been considered.  However, the applicant's DD Form 214 was
prepared to reflect his service as it existed at the time of his discharge.


4.  The medical evidence of record shows that the applicant was forcibly
transported to the St. Peters Hospital emergency room and that he was
admitted to the psychiatric ward at Madigan Army Medical Center on 25 March
1991, after having to be restrained to keep him from hurting himself.  It
was the applicant who contacted a friend and threatened to commit suicide.
It was the applicant who wrote a suicide note and became out of control to
the point that he was evaluated and diagnosed by competent medical
authority with having a personality disorder.

5.  The fact that he now submits documentation contending that he does not
have an "incurable personality disorder" is not sufficient evidence to
nullify the diagnosis of personality disorder made by Army medical
personnel at the time of his discharge.

6.  The applicant's discharge was not based on any hardship or dependency
and therefore, there is no basis for changing his DD Form 214 to reflect
this as the narrative reason for his separation.

7.  He was discharged and assigned a separation that properly reflects his
narrative reason for separation.  In view of the foregoing, there is no
basis for granting the applicant's request.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 May 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 April 1994.  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

__JI_____  __RL ___  ___JH___  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.




                                  ______ John Infante________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008954                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070724                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000/SEPARATION CODE                |
|2.  190                 |110.0100/REASON & AUTHORITY             |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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