IN THE CASE OF:
BOARD DATE: 21 August 2008
DOCKET NUMBER: AR20080010101
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her narrative reason for discharge be changed.
2. The applicant states that she has a letter from a doctor who conducted a full psychiatric evaluation and she needs her DD Form 214 (Certificate of Release or Discharge from Active Duty) upgraded.
3. The applicant provides a copy of her DD Form 214; a letter from a psychiatrist; and a Final Assessment.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants complete military records are not available to the Board. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicants DD Form 214 shows she enlisted in the Regular Army on 5 January 1989. Her DD Form 214 shows she completed training as a construction equipment repairer.
4. The applicants discharge packet is not available. However, her DD Form 214 shows she was honorably discharged on 25 October 1991 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder. She completed 2 years, 9 months, and 21 days of active military service.
5. Block 26 (Separation Code) on her DD Form 214 shows her separation code as JFX (Personality Disorder). Block 28 (Narrative Reason for Separation) on her DD Form 214 shows the narrative reason as Personality Disorder.
6. In a 22 April 2008 letter, a psychiatrist indicated that a full psychiatric examination had been conducted on the applicant and there were no psychiatric contraindications to military duty.
7. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation, in effect at the time, showed that the SPD code JFX as shown on the applicants DD Form 214 specified the narrative reason for separation as involuntary release or transfer for Personality Disorder and that the authority for separation under this separation program designator was AR 635-200, Paragraph 5-13."
8. Army Regulation 635-200 (Personnel Separations) provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldiers ability to perform duty. The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the Soldiers ability to function in the military environment is insignificantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under chapters 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, the applicant's administrative discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-13 is presumed to have been administratively correct and in conformance with applicable regulations.
2. The applicant provided an April 2008 letter in which a psychiatrist indicated that there were no psychiatric contraindications to military duty; however, it must be presumed that she was examined by competent military medical personnel who made a valid determination that she had a personality disorder at the time of her separation. Therefore, it is also presumed that her DD Form 214 properly reflects she was separated with a separation code of JFX for Personality Disorder.
3. The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason given to her was in error or unjust.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ __xx____ ___xx___ 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.
_______xxxx___________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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