BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090009709 


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 his separation from "Personality Disorder" to, in effect, a more favorable reason.  He also requests a personal hearing.

2.  The applicant states that he reported a rape in his unit before leaving for Iraq and that his commander wrote him up for a personality disorder in retaliation for that action.  He was subsequently sent home early for blacking out with exaggerated vasovagal response with bradycardia/syncope and that he does not have a personality disorder. 

3.  The applicant provides a copy of his Department of Veterans Affairs (DVA) rating decision, dated 9 March 2009, in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted and commissioned officer service, the applicant’s records show he enlisted in the Massachusetts Army National Guard (MAARNG) in the rank/grade of sergeant (SGT)/E-5 on 31 August 2002.  He initially held military occupational specialty (MOS) 13R (Fire Finder Radar Operator) and was assigned to the 101st Field Artillery, Rehoboth, MA. 

2.  The applicant’s records also show he was awarded MOS 42A (Human Resources Specialist) and executed two 1-year extensions in the MAARNG on 27 August 2003 and 30 August 2004.

3.  On 27 October 2004, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  He subsequently served in Iraq from 19 December 2004 to 19 August 2005.   

4.  The facts and circumstances surrounding the applicant's discharge are not available for review with this case.  However, the applicant's records contain the following documents:

	a.  A memorandum, dated 10 August 2005, from the Chief, Reserve Components Personnel, Support Services Branch, U.S. Army Human Resources Command (USAHRC), Alexandria, VA, addressed to Headquarters, 42nd Infantry Division, Iraq, informing his chain of command that the request for the applicant’s early separation and discharge from active duty was reviewed under the provisions of chapter 5-13 of Army Regulation 635-200 (Personnel Separations) and was approved.

	b.  A copy of the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was honorably discharged on 13 September 2005, in accordance with paragraph 5-13 of Army Regulation  635-200 (Personnel Separations) for personality disorder.  This form shows he completed 10 months and 17 days of creditable active service during this period. Item 26 (Separation Code) of this form shows the entry "LFX" and item 28 (Narrative Reason for Separation) shows the entry "Personality Disorder." 

5.  On 6 March 2009, the Army Discharge Review Board denied the applicant’s request for correction of his Separation Code, Reentry Code, and Narrative Reason for Separation.

6.  The applicant submitted a copy of his DVA rating decision, dated 9 March 2009, in which the DVA determined that his medical condition of exaggerated vasovagal response with bradycardia/syncope was service-connected. 

7.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 at the time provided that a Soldier could be separated for personality disorder, not amounting to disability, under Army Regulation 635-40 that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  The regulation also directed that commanders would not take action prescribed in this chapter in lieu of disciplinary action, required that the diagnosis concluded the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under selected chapters in Army Regulation 604-10 (Military Personnel Security Program) or Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).

8.  Army Regulation 635-5-1 (Separation Program Designator Codes) states that the separation program designator (SPD) codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of the Department of Defense and the Military Services to assist in the collection and analysis of separation data.  The "LFX" SPD code is the correct code for Soldiers involuntarily released from active duty under chapter 5-13 of Army Regulation 635-200 by reason of personality disorder. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for his separation should be changed from "Personality Disorder" to a more favorable reason.  

2.  The applicant’s request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, it is concluded that the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time.  As a result, it is concluded that a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

3.  The applicant’s record is void of the facts and circumstances that led to his discharge.  However, his record contains a USAHRC separation approval memorandum and a properly-constituted DD Form 214 that show he was honorably discharged on 13 September 2005 under the provisions of chapter    5-13 of Army Regulation 635-200 by reason of a personality disorder.  In the absence of evidence to the contrary, it is presumed that applicant’s administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize his rights.

4.  The applicant's narrative reason for separation and corresponding SPD code were assigned based on the fact that he was discharged for a personality disorder. Absent the disorder, there was no fundamental reason to process the applicant's request for separation.  The underlying reason for his release from active duty was his personality disorder.  The only valid narrative reason for separation permitted under that paragraph is "Personality Disorder" and the corresponding SPD code is "LFX." 

5.  In order to justify correction of a military record, the applicant must show, 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 no basis to grant him 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)                                         AR20090009709





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ABCMR Record of Proceedings (cont)                                         AR20090009709



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