IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090011759 


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 narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 June 1985 be changed from "personality disorder" to "condition, not a disability."  In addition, the applicant requests that the separation authority be changed from Army Regulation 635-200 (Personnel Separations), chapter 5, paragraph 5-13, to chapter 5, paragraph 5-17.

2.  The applicant states there is a lack of evidence to prove he had a personality disorder.  The applicant further states that events in the military aggravated and led to his mental problems.  He is willing to provide documents that will prove he was in good health prior to the military service.

3.  The applicant provides no additional documentation in support of this case.

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 enlisted in the Regular Army on 18 June 1984 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 64C (Motor Transport Operator).

3.  The applicant's mental status evaluation is not available in his military records.

4.  The applicant's medical records are not available.

5.  On 6 June 1985, the applicant's commander initiated elimination of the applicant under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13 for personality disorder.  The reason for separation cited by the commander was the applicant was diagnosed with dysthymic disorder (depressive neurosis) and borderline personality disorder which interfered with his ability to perform military duties.

6.  The applicant was advised by consulting counsel of the basis for the contemplated separation action.  The applicant indicated that he was counseled by appropriate counsel and that he was not entitled to have his case heard by an administrative separation board.  The applicant also indicated that he would submit statements in his own behalf.  His statements, if any, are not in his available records.

7.  On 13 June 1985, the appropriate authority approved the recommendation for discharge.  On 17 June 1985, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13, with an honorable discharge by reason of "personality disorder."  He had completed 1 year of creditable active service with no days of lost time.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13, in effect, at that time set the policy and prescribed procedures for separating members with a personality disorder (not amounting to a disability) that interfered with assignment to or performance of duty.  This condition was a deeply ingrained maladaptive pattern of behavior of long duration that interfered 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 with necessary and appropriate professional credentials who was privileged to conduct mental health evaluations for the Department of Defense components.  Separation because of personality disorder was authorized only if the diagnosis concluded that the disorder was so severe that the Soldier's ability to function effectively in the military environment was significantly impaired.  

9.  Army Regulation 635-200, paragraph 5-17, in effect at that time, referred to early separation to further education.  Under the current regulation, chapter 5, paragraph 5-17, states commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty.  Soldiers with 24 months or more of active duty service may be separated under this paragraph based on a diagnosis of personality disorder. 
Such conditions may include, but are not limited to:

	a  chronic airsickness,

	b.  chronic seasickness,

	c.  enuresis,

	d.  sleepwalking,

	e.  dyslexia,

	f.  severe nightmares,

	g.  claustrophobia,

	h.  transsexualism/gender transformation in accordance with Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-35, and

	i.  other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason for separation should be changed on his DD Form 214 because there is a lack of evidence to prove he had a personality disorder.  Discharges under the provisions of chapter 5, paragraph 5-13, of Army Regulation 635-200 require a diagnosis of personality disorder by a psychiatrist or doctoral-level clinical.  The evidence of record confirms he was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis by a competent military medical authority, paragraph 5-13 of Army Regulation 635-200 was the proper authority for the applicant's separation.  The applicant's narrative reason for separation is correct and was applied in accordance with the applicable regulations.

2.  Lacking evidence to the contrary, it is presumed that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  Therefore, it is concluded that the applicant's discharge was proper and equitable.

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)                                         AR20090011759



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ABCMR Record of Proceedings (cont)                                         AR20090011759



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