IN THE CASE OF:	

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090012230 


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 her records to show she was discharged for a medical condition.

2.  The applicant states she was misdiagnosed as having a personality disorder and was harassed over her medical problems.  She received no counseling from a medical professional before she was dismissed.  Her disorder was not interfering with her military duties.

3.  The applicant provides copies of a 15 February 2007 medical treatment record, a 2 September 2007 x-ray report, ten DA Forms 4856 (General Counseling Statement), 11 pages of e-mails, a 26 October 2007 memorandum to her commanding officer, and her Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs (DVA) and are not available for review.

2.  The applicant enlisted in the Regular Army in the grade of specialist (E-4) on 24 April 2006.  She completed training and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). 

3.  A 15 February 2007 medical treatment record shows the applicant was evaluated for abdominal pain.  No specific abnormal findings were found and the applicant was referred for a gynecological evaluation.

4.  A 2 September 2007 x-ray report shows the applicant was being evaluated for abdominal pain.  The x-rays found a possible functional cyst on her right ovary.  She was referred for a gynecological evaluation and an ultrasound.

5.  On a 6 July 2007 DA Form 4856 it stated that on 2 July 2007 the applicant had been diagnosed by a psychiatrist as having a histrionic personality disorder with strong narcissistic traits.

6.  Of the remaining nine DA Forms 4856, all but one contain negative comments related to the applicant's attitudes or actions.  On the majority, the applicant states she is in a hostile environment.

7.  On 1 August 2007, the applicant was counseled in regard to her being recommended for separation due to the 30 July mental evaluation diagnosis of a personality disorder. 

8.  On 16 October 2007, the unit commander initiated separation action under Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-13, for a personality disorder.  The unit commander recommended she receive an honorable discharge.

9.  After consulting with counsel, the applicant acknowledged the separation action, submitted a personal statement, and requested an administrative separation board.  Since she was not being recommended for a less than honorable separation and did not have six years of service, the right to an administrative separation board hearing was not a valid option.

10.  On 5 November 2007, the discharge authority approved the separation recommendation and directed the applicant be discharged under Army Regulation 635-200, paragraph 5-13, for a personality disorder.  She was to receive an Honorable Discharge Certificate.  She was discharged accordingly on 15 November 2007.

11.  On 30 March 2009, the Army Discharge Review Board denied the applicant's request to change her narrative reason for discharge.

12.  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 (Physical Evaluation for Retention, Retirement, or Separation), 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 conclude 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 chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 (Military Personnel Security Program); or Army Regulation 635-40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she was misdiagnosed as having a personality disorder and was harassed over her medical problems.  She received no counseling from a medical professional before she was dismissed.  Her disorder was not interfering with her military duties.

2.  It is not the policy of the Board to create or alter service medical records.  Such records merely reflect the observations and opinions of medical professionals at the time they were recorded.

3.  The applicant was diagnosed with a personality disorder and this diagnosis is the basis for her separation.  She has not documented any diagnosis of or provided treatment records for any condition that would warrant a change of this diagnosis.

4.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge directed and the reasons, therefore, were appropriate considering all the facts of the case.

5.  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 this 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)                                         AR20090012230



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ABCMR Record of Proceedings (cont)                                         AR20090012230



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