RECORD OF PROCEEDINGS


	IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080003803 


	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.

	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 28 (Narrative Reason for Separation), of her DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show she was issued a fully honorable discharge or “dishonorable discharge” and that all references to any medical or mental condition be removed from her record.

2.  The applicant states, in effect, that she does not have any mental condition and that this is an error.  She was under stress in the military and believes that she was misdiagnosed.  She has educated herself at the University of Buffalo and feels that she should have a fully honorable discharge.

3.  She states, in effect, that she was under a lot of stress in the military, brought on by a back injury, which she sustained during her stay in the Army.  However, she is completely stable, and in the right frame of mind and that anything other than a fully honorable discharge creates a negative, untrue characterization of her service and makes a negative statement about her.  She has never had any psychiatric treatment nor does she need any.  She is not sure how such a diagnosis came about.  She successfully raised children and has gone on to educate herself at the University of Buffalo.  She plans on working in law with politicians and lawmakers to bring about positive change.  She also feels that the misdiagnosis could hinder her chances of certain types of employment.  She apologizes for any misunderstanding that may have lead to her misdiagnosis and any inconvenience as well. 

4.  The applicant provides no additional documentation in support of her request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows she enlisted in the Regular Army on 6 January 1981.  She was schedule to be trained as an Equipment Records and Parts Specialist, in military occupational specialty (MOS), 76C.  

3.  On 6 February 1981, the applicant was punished under the provisions of Article 15, of the Uniform Code of Military Justice, for failing to obey a lawful order given by a commissioned officer to secure her weapon in a wall locker.  Her punishment consisted of a forfeiture of pay for 1 month.

4.  The applicant underwent a mental hygiene evaluation on 6 March 1981.  In a report which was prepared by the Chief, Department of Psychiatry, her mental hygiene evaluation revealed a fully oriented, alert individual, whose behavior was nervous and bizarre.  Her mood was depressed, with no violent tendencies, her thinking process was clear, and her thought content was normal.  The impression section of the evaluation form indicates that she had acute situational maladjustment and hysterical disorder, dissociative type.  The psychiatrist recommended that she be eliminated by administrative action.  It was also determined that she was mentally responsible and could distinguish right from wrong and adhere to the right.  She possessed sufficient mental capacity to understand and participate in board and other legal proceedings.  The applicant was in an acute situational reactive state and the recommendation was that she be separated from service.  

5.  On 10 March 1981, the applicant's commander advised the applicant he was taking action to separate her from the service under the provisions of Army Regulation 635-200, chapter 13, for personality disorder.  She was notified of her
rights to counsel, to present evidence, and to appear before a board of officers.  On that same day, she acknowledged receipt of the notification.  After consulting with counsel, the applicant waived her rights and elected not to submit a statement in her own behalf.

6.  On 13 March 1981, the applicant's commander recommended that she be separated from the service under the provisions of Army Regulation 635-200, chapter 13, due to personality disorder.  The commander based his reasons on the applicant's mental unfitness for retention in the Army.  The psychiatrist, he said, informed him that the applicant had two separate personalities and that she was not in control of her own personality.  Therefore, it was determined that the applicant could not function in the military. 




7.  On 17 March 1981, the separation authority approved the recommendation for the applicant’s discharge for unsuitability and directed that she be furnished an honorable discharge certificate.  The applicant was discharged on 26 March 1981.  She had a total of 2 months and 21 days of creditable service.  

8.  Item 26 (Separation Code), of the applicant's DD Form 214, shows the entry, "JMB," and item 28 (Narrative Reason for Separation), shows the entry, "Unsuitability-Personality Disorder." 

9.  The applicant's signature was affixed to item 21 (Signature of Member being Separated), of her DD Form 214, indicating she had reviewed the information shown on the form and it was complete and correct, to the best of her knowledge.

10.  A dishonorable discharge is only issued as a result of a general court-martial.  Since she was not the subject of a court-martial she would in no way be eligible to be issued a dishonorable discharge.

11.  Chapter 13, of Army Regulation 635-200 (Personnel Separation), applied to separation for unfitness and unsuitability.  At that time, paragraph 13-4 provided for separation due to inaptitude, personality disorder, apathy, and homosexuality. The regulation requires that separation action will be taken when, in the commander’s judgement, the individual will not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier.  When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.

12.  Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the separation program designator (SPD) "JMB," as shown on the applicant’s DD Form 214, specifies the narrative reason for discharge as "Unsuitability-Personality Disorder" and that the authority for discharge under this SPD is "Army Regulation 635-200, chapter 13-4b."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s discharge proceedings appear to have been conducted in accordance with law and regulations applicable at the time of her separation.
2.   The applicant was diagnosed by a trained psychiatrist and was found to have a hysterical disorder, dissociative type, that met the requirements for discharge under the provisions of Army Regulation 635-200, chapter 13, paragraph 13-4b. 

3.  Based upon this diagnosis, the applicant's commander initiated action to discharge her.  The request was approved by the appropriate authority for discharge under the provisions of Army Regulation 635-200, chapter 13, paragraph 13-4b, for unsuitability-personality disorder.  She was honorably discharged on 26 March 1981.

4.  The applicant’s narrative reason for separation is correct in accordance with regulations then in effect which show she was assigned the proper SPD code of "JMB" which corresponds with the narrative reason for her discharge, "Unsuitability-Personality Disorder." 

5.  The applicant contends that item 28 (Narrative Reason for Separation), of her DD Form 214, should be changed to show, in effect, that she had no mental disorder.  However, the applicant has provided no evidence, and there is none in the available records, to show that her narrative reason for separation should be other than for the reason shown.  

6.  Additionally, the evidence clearly shows the applicant was diagnosed as having a personality disorder by a psychiatrist.  Therefore, the applicant has established no basis for the removal of references to her medical or mental condition from her record.

7.  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 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






























ABCMR Record of Proceedings (cont)                                         AR20080003803



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508