IN THE CASE OF:	

		BOARD DATE:	  21 January 2010

		DOCKET NUMBER:  AR20090014425 


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, in effect, that his honorable discharge be changed to a medical discharge.

2.  The applicant states, in effect, he suffers from post-traumatic stress disorder (PTSD) and has attempted suicide.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.

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 7 November 1996, and upon completion of initial entry training was awarded military occupational specialty 92Y (Unit Supply Specialist).

3.  On 10 December 1997, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for failing to go to his appointed place of duty and failing to obey a lawful order from a noncommissioned officer.

4.  On 7 January 1998, a psychiatric evaluation was completed on the applicant.  The examining physician determined the applicant's behavior was normal, he was fully alert and oriented, his thinking process was clear, and his thinking content was normal.  He also determined the applicant met medical retention standards.  The examining physician diagnosed the applicant with a personality disorder, not otherwise specified (antisocial traits).  He stated the applicant's condition was not amenable to counseling, transfer, or other rehabilitative measures and recommended the applicant be separated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13, by reason of personality disorder.

5.  On 20 January 1998, the applicant was notified by his unit commander of his pending separation action under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  The applicant's unit commander based his recommendation for separation on the applicant's diagnosis of a personality disorder which was so severe that his ability to function effectively in a military environment was significantly impaired.

6.  On 21 January 1998, the applicant consulted with legal counsel and was advised of the basis for the contemplated separation action, its effects, and of the rights available to him.  He elected not to submit a statement in his own behalf.

7.  On 27 January 1998, the appropriate authority approved the recommendation for discharge due to personality disorder and directed the applicant's service be characterized as honorable.

8.  The applicant was honorably discharged on 20 February 1998 under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder. 
He completed 1 year, 2 months, and 20 days of active duty service.

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13, in effect at the time, provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Personnel Separations - 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 and required that the diagnosis concluded the disorder was so severe that the Soldier's ability to function in the military environment was significantly impaired.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a medical discharge has been carefully considered.  However, there is insufficient evidence to support his claim.

2.  The evidence of record confirms the applicant met medical retention standards, as evidenced by the mental status evaluation completed during his separation processing.  His record failed to show he suffered from a disabling physical or mental condition at the time of his discharge that would have supported his separation processing through medical channels.

3.  The applicant was diagnosed with a personality disorder by competent medical authority who recommended his separation for this reason.  Based on this diagnosis, his separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  Absent any evidence of record or independent evidence provided by the applicant that shows he suffered from a disabling condition at the time of his discharge, there is an insufficient evidentiary basis to support granting the requested relief.

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 that 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)                                         AR20090014425



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ABCMR Record of Proceedings (cont)                                         AR20090014425



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