IN THE CASE OF:
BOARD DATE: 01 July 2009
DOCKET NUMBER: AR20090002364
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 her narrative reason for separation be changed from Personality Disorder to Post Traumatic Stress Disorder (PTSD).
2. The applicant states that the Army misdiagnosed her and that now it is on record that she has PTSD and not a personality disorder.
3. The applicant provides a Department of Veterans Affairs (VA) Rating Decision, dated 2 September 2008, in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army (RA) on 29 July 2003. At the completion of basic combat and advanced individual training, she was awarded military occupational specialty (MOS) 88M (motor transport operator). Her highest rank/grade attained was specialist (SPC)/E-4.
2. On 3 March 2007, the applicant was admitted to Winn Army Community Hospital, Fort Stewart, GA for a psychiatric evaluation. She was diagnosed as having an adjustment disorder and a personality disorder. On 5 March 2007, the applicant underwent a mental status evaluation. She was diagnosed as Axis I: adjustment disorder; Axis II: personality disorder; and Axis III: right knee injury.
3. On an unknown date, the unit commander notified the applicant of pending separation action under the provisions of chapter 5, paragraph 5-13, Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), by reason of a personality disorder. The applicant was advised of her rights. The unit commanders reason for his proposed separation action was based on the applicants diagnosis with personality disorder, not otherwise specified (NOS). She was advised of her rights.
4. On 9 April 2007, the applicant acknowledged notification of the proposed separation action. She consulted with legal counsel and did not submit statements in her own behalf.
5. On an unknown date, the separation authority waived rehabilitation requirements and approved the separation action with issuance of an honorable discharge.
6. As a result, the applicant was discharged on 15 May 2007 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder. At the time of her discharge, she had completed 3 years, 9 months, and 17 days of active military service.
7. Block 26 (Separation Code) on her DD Form 214 shows her separation code as JFX (Personality Disorder).
8. Block 28 (Narrative Reason for Separation) on her DD Form 214 shows the narrative reason as Personality Disorder.
9. The VA Rating Decision, dated, 2 September 2008, shows the applicant was granted service-connection for PTSD (30 percent); eczematous lesions (zero percent); and chondromalacia, status post arthroscopy, right knee (zero percent).
10. 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 Army Regulation 635-200, paragraph 5-13."
11. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the Army misdiagnosed her and that now it is on record that she has PTSD and not a personality disorder. However, prior to her May 2007 discharge, she was diagnosed with an adjustment disorder and personality disorder not otherwise specified. In the absence of compelling evidence to the contrary, there is a reluctance to change what is presumed to be a valid medical diagnosis made by competent military medical authorities.
2. 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
___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) AR20090002364
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