IN THE CASE OF:	  

		BOARD DATE:	  17 March 2009

		DOCKET NUMBER:  AR20080010473 


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 the authority and reason for his discharge be changed.  

2.  The applicant states, in effect, that he was separated from the Army against his will for mental reasons, and that he has subsequently proved this reason for discharge was inaccurate.  He claims the personality disorder diagnosis that led to his discharge was unfounded and he has presented no history of a personality disorder.  

3.  The applicant provides the following documents in support of his application:  Congressional Letter of Support, dated 12 June 2008; Psychiatrist Medical Progress Notes, dated 20 November 2007, 24 January 2008, and 23 June 2008; and West Alabama Mental Health Center Letter, dated 23 May 2008.  

CONSIDERATION OF EVIDENCE:

1.  After having had prior service, the applicant's record shows that he enlisted in the Regular Army and entered active duty on 21 December 2005, and was trained in and awarded military occupational specialty (MOS) 31B (Military Police).

2.  On 7 August 2007, the applicant was referred for a medical evaluation by his chain of command.  The reasons cited for the referral were the applicant's increased defensiveness, increased use of excuses, intolerance of coworkers or subordinates, decreased quality of work, and anger at all times.  

3.  On 7 August 2007, the applicant underwent a mental status evaluation.  The Staff Psychiatrist diagnosed the applicant with a personality disorder, not otherwise specified (paranoid cluster) and recommended the applicant be separated under the provisions of paragraph 5-13, Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations), by reason of personality disorder.  The examining psychiatrist further indicated the applicant had a long history of maladaptive coping skills leading to social and occupational impairment.  

4.  On 20 August 2007, the unit commander recommended the applicant be separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder.  The commander cited that the applicant had been diagnosed with a personality disorder with a chronic maladaptive pattern of adversarial relationships, lack of trust in others, feelings that others were out to get him and mild narcissistic tendencies as the basis for taking the action.  

5.  On 22 August 2007, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effects of a waiver of those rights.  Subsequent to this counseling, the applicant submitted a statement in his own behalf.  In his statement he indicated that he desired to remain in the Army and that he had been able to take the time to treat his difficulties and get better.  He stated that he was no longer a danger to himself or anyone else.  

6.  On 13 September 2007, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, and directed the applicant receive an honorable discharge.  On 26 September 2007, the applicant was discharged accordingly.   The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time confirms he completed a total of 3 years, 5 months, and 2 days of total active military service. Item 25 (Separation Authority) confirms the authority for his separation was paragraph 5-13, Army Regulation 635-200 and Item 28 (Narrative Reason for Separation) shows the reason for his discharge was personality disorder.  It also shows that based on the authority and reason for his separation, he was assigned a separation program designator (SPD) code of JFX and a reentry (RE) code of 3.   

7.  The applicant provides medical progress notes completed by a psychologist and psychiatrist at a Central Alabama health care facility between 20 November 2007 and 8 July 2008.  They show the applicant believed he suffered from a Post Traumatic Stress Disorder (PTSD) and exhibited symptoms of anxiety.  During the November 2007 evaluation, the psychologist found he exhibited no features of a personality disorder, and the psychiatrist indicated personality disorder had been ruled out by the psychologist in the subsequent 2008 evaluations.  
8.  The applicant also provides a letter from the West Alabama Mental Health Center, dated 23 May 2008, which indicates he was presented with adjustment disorder symptoms, which is a debilitating reaction usually lasting less than one year to stressful events or situations, but this was not the same as a PTSD.  

9.  Army Regulation 635-200 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 (Physical Evaluation for Retention, Retirement, or Separation), 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 Soldier’s ability to function in the military environment is significantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 (Military Personnel Security Program); or Army Regulation 635-40.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the United States Army Reserve (USAR).  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment.  That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to persons who have a nonwaivable disqualification.  RE-3 applies to persons who have a waivable disqualification.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was separated from the Army against his will for mental reasons and that his personality disorder diagnosis was unfounded was carefully considered.  However, the medical treatment documents provided by the applicant, while indicating he currently exhibits no signs of a personality disorder, do in fact establish a consistent record of mental health treatment subsequent to discharge.  These documents provide no compelling medical information that would support  challenging the diagnosis made by competent medical authority (examining psychiatrist) during his separation processing.   

2.  The evidence of record confirms the applicant underwent a mental status evaluation by a qualified psychiatrist and was diagnosed with a personality disorder, which resulted in his being processed for separation.  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.  
3.  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.  

4.  The applicant is advised that his personality disorder separation is disqualifying for enlistment; however, his disqualification is waivable.  The 
RE-3 code he was assigned applies to persons who are not considered fully qualified for reentry or continuous service; however, a waiver of the disqualification is allowed.  Therefore, if he desires to enlist, he should contact a local recruiter to determine his eligibility based on his current medical evidence.  Those individuals can best advise a former service member as to the needs of the Army at the time and while reenlistment is not guaranteed, they are required to process waivers of RE codes.  

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
      
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.
ABCMR Record of Proceedings (cont)                                         AR20080010473



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ABCMR Record of Proceedings (cont)                                         AR20080010473


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