IN THE CASE OF:	  

		BOARD DATE:	  1 October 2009

		DOCKET NUMBER:  AR20090007814 


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 correction of the narrative reason for her separation from personality disorder to an unspecified reason.

2.  The applicant states that the personality disorder is not a medical condition.  She adds that she was seen by a doctor while on active duty and that she was given medicine then discharged.

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 15 June 1989, in support of her request.

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.  Having had prior service and having been previously discharged for her inability to adjust to military service, the applicant’s records show she enlisted in the Regular Army for a period of 4 years on 24 May 1988.  She completed basic combat and advanced individual training and was awarded military occupational specialty 91Y (Eye Specialist).  The highest rank/grade she attained during her military service was private first class (PFC)/E-3.  She was assigned to the U.S. Army Medical Activity, Fort Riley, KS.

3.  On 17 April 1989, the applicant underwent a psychiatric evaluation due to behavioral concerns within her unit and was diagnosed as having a personality disorder.  The military psychiatrist remarked that the applicant’s diagnosis was a result of a deeply ingrained maladaptive pattern of behavior of long duration which interfered with her ability to perform duty.  The disorder and the problems presented by the applicant were not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification, and that her condition severely affected her ability to function effectively in a military environment.  The psychiatrist further recommended the applicant’s elimination from the service.

4.  On 11 May 1989, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for unlawfully striking another Soldier on the face with her first on or about 3 April 1989.  Her punishment consisted of a reduction to private (PV2)/E-2 (suspended for 60 days), 7 days of restriction, and 7 days of extra duty.

5.  On 18 May 1989, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against her under the provisions of paragraph 5-13 of Army Regulation 635-200 (Personnel Separation) by reason of personality disorder with a recommended honorable characterization of service.

6.  On 19 May 1989, the applicant acknowledged receipt of the notification of separation memorandum and was subsequently advised of her right to consult with counsel prior to making any elections of rights.  She was advised of the basis of her contemplated separation due to personality disorder under the provisions of paragraph 5-13 of Army Regulation 635-200 and its effects, of the rights available to her, and the effects of any action taken by her in waiving her rights.  She further understood that she could encounter substantial prejudice in civilian life if a general discharge was issued to her.  She waived consideration of her case by an administrative separation board, waived personal appearance before an administrative board, waived consulting counsel, and elected not to submit a statement on her own behalf.

7.  On 19 May 1989, the applicant’s immediate commander initiated separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  The immediate commander remarked that the applicant was command-referred to behavioral health and was subsequently diagnosed with a personality disorder.  The military psychiatrist determined that her condition was a deeply ingrained maladaptive pattern of behavior of long duration that interfered with her ability to perform duty. 
The immediate commander further recommended an honorable discharge.

8.  On 19 May 1989, the separation authority approved the applicant’s discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 with an honorable discharge.  Accordingly, the applicant was discharged on 15 June 1989.  The DD Form 214 she was issued shows she was honorably discharged in accordance with paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  This form further shows she completed 1 year and 21 days of creditable military service.

9.  Army Regulation 635-200 provides for separation of enlisted personnel.  Paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states, in pertinent part, that a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier’s ability to function effectively in the military environment is significantly impaired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for separation (personality disorder) should be changed to something different.

2.  The evidence of record shows that the applicant was command-referred for a psychiatric evaluation.  She was diagnosed as having a personality disorder that severely affected her ability to function effectively in a military environment.  Accordingly, her chain of command initiated separation action against her under the provisions of paragraph 5-3 of Army Regulation 635-200.  Her discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of her rights.  Accordingly, the type of discharge directed and the reasons were appropriate under the circumstances.  Therefore, there is no reason to correct the applicant’s DD Form 214 as she requested.

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 did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant her the requested relief.

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)                                         AR20090007814



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ABCMR Record of Proceedings (cont)                                         AR20090007814



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