IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20080019297 


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 that the reason for his discharge, personality disorder, be changed.

2.  The applicant states he does not and did not at the time of his discharge suffer from any personality disorder.  He states he referred himself to the psychiatric ward with the express purpose of seeking relief (discharge from the military) due to the stress of his marital and job situation.  He states that after he was admitted and released back to his duties he very consciously and deliberately decided to attempt a "last ditch effort" to convince the head of the Psychiatric Department that release from the Army was in his best interest and that of the Army.  He stated that he called the head of the Psychiatric Department and "threatened" that he was going to "hurt someone" if things were left unchanged.  He states the "threat" was meant to "spur" the proper authorities to reconsider his situation and to hopefully begin the process of separating him from the service.  He states the incidents leading up to his discharge occurred within the last 3 months of a 6-year enlistment and therefore does meet the "long duration" of "maladaptive behavior" required by the regulation for discharge by reason of personality disorder.  He states he was made aware of the very negative stigma of having personality disorder placed on his discharge paper, but at that time and under those stressful circumstances he was simply seeking immediate relief from the environment in which he found himself and so accepted the consequences of moving forward with such an action.  He states it has only been in later years that he has had the opportunity to witness firsthand the "levity" of having such a designation placed on his discharge papers.  He states his being discharged from the military under the designation of personality disorder is unjust and in error.

3.  The applicant provides no additional evidence or official documentation in support of his application.

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 military personnel records show he enlisted in the Regular Army on 18 June 1987 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) of 11B (Infantryman).  He was later awarded MOS 71L (Administrative Specialist).

3.  On 28 March 1991, the applicant reenlisted for 4 years with the overseas area reenlistment option (Caribbean).  On 17 October 1991, he was assigned to Headquarters and Headquarters Company, 193d Infantry Brigade at Fort Clayton, Panama.

4.  On 24 May 1993, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for breaking curfew and unlawfully assaulting his wife by striking her in the face with a closed fist.

5.  On 24 June 1993, the applicant was evaluated by a major of the Medical Corps, the acting Chief, Department of Psychiatry, Community Mental Health Service, Gorgas Army Community Hospital, Panama.   Based on data obtained from personal interview and psychological testing, the examiner diagnosed the applicant as having a personality disorder, not otherwise specified.  The examiner also recommended the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel),
chapter 5 (Separation for the Convenience of the Government).
6.  On 2 July 1993, the applicant's commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 (Separation because of personality disorder) based on the applicant having been diagnosed with a personality disorder by the Division psychiatrist.  The commander further notified him that he was recommending that the applicant’s period of service be characterized as honorable.

7.  The commander advised the applicant of his right to submit statements in his own behalf; to be represented by counsel; to waive any of these rights; to obtain copies of documents that will be sent to the separation authority supporting the proposed separation; and to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge.  The commander also advised the applicant he may waive any or all of these rights in writing and that failure to respond to within 7 days will constitute a waiver of his rights.

8.  On 6 July 1993, the applicant submitted a statement acknowledging that he had been advised by counsel of the basis for the contemplated action to discharge him under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 for a personality disorder.  The applicant stated that he was not submitting statements in his own behalf.  He acknowledged that he would be ineligible to apply for enlistment in the Army for 2 years after discharge.

9.  On 7 July 1993, the applicant's commander recommended him for discharge due to a personality disorder and that his service be characterized as honorable.  The commander stated he was initiating the action due to the applicant having assaulted his wife on two occasions and having been diagnosed as having a personality disorder, which in the opinion of the examining psychiatrist makes the applicant unsuitable for further military service.  The commander stated that the applicant was counseled after the first assault on his wife, on 17 February 1993, and sent to the Army's Family Advocacy Program.  The commander states the applicant was offered ample time to correct this and other deficiencies/
personal problems.  The commander stated that on 17 April 1993 the applicant again assaulted his wife at which time he was admitted to the hospital for psychiatric evaluation.

10.  On 9 July 1993, the appropriate authority approved the recommendation for discharge due to personality disorder and directed the applicant's service be characterized as honorable.

11.  On 27 July 1993, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 due to a personality disorder.  He had completed 6 years, 1 month, and 10 days active service that was characterized as honorable.
12.  The applicant subsequently applied to the Army Discharge Review Board (ADRB) to change the narrative reason for his discharge.  On 14 July 2006, the ADRB reviewed and denied the applicant's request for a change in the reason for his discharge.  The ADRB determined that the reason for the applicant's discharge was proper and equitable.

13.  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 (Personnel Separations 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 Soldier's ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action and requires that the diagnosis conclude the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's commander indicated that the applicant had assaulted his wife on two occasions.  In the applicant's own statement he describes calling the head of the Psychiatric Department and making a "threat" that he would hurt someone.  Whether or not he actually intended to carry out the threat would not be known at the time by the head of the Psychiatric Department.  This behavior shows a deeply ingrained maladaptive pattern of behavior that interferes with the applicant's ability to perform his duties.  While the regulation uses the term "long duration" there is no definitive amount of time indicated.  Due to the seriousness of the applicant's misbehavior, a 3-month time frame is considered adequate to support a diagnosis of personality disorder by competent military medical authorities.

2.  The applicant was diagnosed with a personality disorder, not otherwise specified by a competent military medical authorities, a military psychiatrist, after interview and psychological testing.

3.  The type of discharge directed and the reason for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize his rights.

4.  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 that 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
      
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)                                         AR20080019297



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019297



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1