IN THE CASE OF:	   

		BOARD DATE:	        30 October 2008

		DOCKET NUMBER:  AR20080010996 


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 a medical retirement and that his narrative reason for separation be changed to "Major Depressive Disorder." 

2.  The applicant states that the diagnosis of personality disorder was incorrect and that he should have been given a medical retirement.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a Department of Veterans Affairs (DVA) Rating Decision.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted on 4 November 1992 and trained as a multichannel transport operator/maintenance.  He remained on active duty through continuous reenlistments. 

2.  On 27 April 2007, the applicant was admitted to the hospital for anxiety.  On 30 April 2007, he was diagnosed with an adjustment disorder with anxiety occupational problem, a dependent personality disorder, and essential hand tremor by a psychiatrist.  The psychiatrist found that the applicant met the medical retention standards in accordance with Army Regulation 40-501, chapter 3, that there was no psychiatric disease or defect on Axis I (adjustment disorder with anxiety occupational problem) which warranted disposition by a Medical Evaluation Board, and that the applicant was not fit for duty and should be separated administratively.    
3.  The psychiatrist also found that Axis II personality disorder diagnosis represented a character and behavior disorder within the meaning of Army Regulation 40-501; Army Regulation 635-200, chapter 5-13; the Diagnostic and Statistical Manual of Mental Disorders (4th Edition); and the ICD-9 (International Statistical Classification of Diseases and Health Related Problems, 9th Edition).  He indicated that this condition was a deeply ingrained, lifelong, maladaptive pattern of long duration which interfered with the applicant's ability to perform adequately.  This disorder was so severe that the applicant's ability to perform effectively in a military environment was significantly impaired.  The psychiatrist recommended that the applicant be separated in accordance with Army Regulation 635-200, chapter 5-13 as expeditiously as possible.   

4.  Discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder were initiated on 12 June 2007.  On 
12 June 2007, the applicant consulted with counsel, waived consideration of his case by an administrative separation board contingent upon receiving an honorable discharge, acknowledged that he might encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him, and he elected not to submit a statement on his own behalf.  On 14 June 2007, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge.   

5.  On 2 July 2007, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.  He had served a total of 14 years, 7 months, and 29 days of creditable active service.

6.  Item 25 on the applicant's DD Form 214 shows the entry, "AR [Army Regulation] 635-200, PARA [paragraph] 5-13.”  Item 26 on his DD Form 214 shows the entry, "JFX."  Item 28 on his DD Form 214 shows the entry, "PERSONALITY DISORDER.”

7.  The applicant provided a DVA Rating Decision, dated 31 May 2008, which shows that service connection was granted for major depressive disorder (also claimed as depression/anxiety with memory loss and shaking nightmares) with an evaluation of 50 percent effective 3 July 2007.   

8.  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, 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 Soldier’s ability to perform duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist.  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.

9.  Army Regulation 635-5-1 (Separation Program Designator Codes) prescribes 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 states the reason for discharge based on separation code “JFX is “Personality Disorder” and the regulatory authority is Army Regulation 635-200, paragraph 5-13.  

10.  Army Regulation 40-501 (Standards of Medical Fitness) states that personality disorders render an individual administratively unfit rather than unfit because of physical illness or medical disability.  These conditions will be dealt with through administrative channels.

11.  Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The governing regulation states that personality disorders render an individual administratively unfit rather than unfit because of physical illness or medical disability.  

2.  It is acknowledged that the DVA has diagnosed the applicant with a major depressive disorder, rather than personality disorder, and has granted him a 50 percent disability rating due to this condition.

3.  However, the Army has an interest in promoting the reliability of its medical records.  Alteration of a diagnosis in those records after the fact may lead to fundamental questions about the veracity of the records in this case and in general.  For these reasons, it would not be proper to change the reason for the applicant's separation which would, in effect, alter a diagnosis in the applicant's medical records. 

4.  The Secretary's interest is in ensuring an orderly system in which a physician makes certain observations and diagnoses and recording them faithfully in the medical records at the time.  It would take an extraordinary showing to alter a diagnosis.  In the applicant's case, a military psychiatrist diagnosed him with a personality disorder.  That diagnosis was duly recorded in his medical records and, notwithstanding the DVA's diagnosis, he has not presented sufficient reason to alter the Army's diagnosis upon which his administrative separation was based.  In the absence of evidence to the contrary it is presumed that the applicant was diagnosed by competent military medical authorities as having a personality disorder. 

5.  The applicant’s narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.  

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.



ABCMR Record of Proceedings (cont)                                         AR20080010996





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ABCMR Record of Proceedings (cont)                                         AR20080010996



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