IN THE CASE OF:	

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090016413 


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, a change to the narrative reason for her separation.

2.  The applicant states, in effect, she was improperly diagnosed with a personality disorder which resulted in her discharge.  She claims this could not be a proper diagnosis, as evidenced by the fact she has earned an associate's degree and bachelor's degree since her discharge.  She states she is hesitant to show her DD Form 214 (Certificate of Release or Discharge from Active Duty) to prospective employers due to the stigma attached to the reason for separation.

3.  The applicant provides a self-authored statement in support of his 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's record shows she enlisted in the Regular Army and entered active duty on 25 July 2003.  She was trained in and awarded military occupational specialty 92Y (Unit Supply Specialist), and the highest rank she attained while serving on active duty was private first class (PFC)/E-3.

3.  The applicant's official military personnel file contains nine formal counseling statements issued between 17 February 2003 and 25 March 2005.  These statements show the applicant was counseled on nine separate occasions for a myriad of infractions that included failure to be at her appointed place at the prescribed time, failure to obey a lawful order, unauthorized absence from duty, disrespect towards a noncommissioned officer, two occasions of overdosing on prescribed medication, unauthorized possession of barracks room keys, and a notification of psychological evaluation for administrative separation.

4.  On 25 March 2005, the applicant's unit commander referred her for a mental health evaluation based on her proclaimed suicidal tendencies, two overdoses of prescribed medicines, inability to perform assigned duties due to her emotional instabilities, and her excessive requests for walk-in mental health therapy.

5.  On 30 March 2005, the applicant underwent a mental status evaluation that showed her behavior was timid with soft speech, her mood was mildly depressed, her thinking process was organized, her memory was intact, her concentration and energy level were normal, and her thought content showed she denied any current suicidal or homicidal thoughts.  The examining psychiatrist diagnosed the applicant with a "personality disorder not otherwise specified with borderline and passive-aggressive traits" and "adjustment disorder with mixed anxiety and depressed mood."

6.  The examining psychiatrist stated that the applicant's personality disorder represented a chronic, deeply-ingrained maladaptive pattern of behavior of such severity that her ability to perform military duties was significantly impaired and caused her to be administratively unfit for duty.  He stated that the condition was not amenable to hospitalization, treatment, transfer, disciplinary action, retraining, or reclassification within the military system.  He further stated that it was unlikely that any rehabilitative measures would make the applicant an effective Soldier and he recommended the applicant's prompt administrative separation in accordance with paragraph 5-13, Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), based on her personality disorder.  The examining psychiatrist further indicated the applicant met retention standards as prescribed in chapter 3, Army Regulation 40-501 (Standards of Medical Fitness), and had no psychiatric disease or defect that warranted her disposition through medical channels.  He also stated that the applicant was mentally responsible, able to distinguish right from wrong and adhere to the right, and had the mental capacity to understand and participate in separation proceedings.

7.  The applicant's unit commander notified her that he was initiating action to separate her under the provisions of paragraph 5-13, Army Regulation 635-200, based on her diagnosed personality disorder.  He also recommended she receive an honorable discharge.

8.  The applicant acknowledged receipt of the separation notification and completed an election of rights in which she acknowledged she had been afforded the opportunity to consult with counsel and was advised of the basis for the contemplated action to separate her for a personality disorder, its effects, the rights available to her, and the effect of any action taken by her to waive her rights.  She declined representation by counsel and elected not to submit a statement in her own behalf.

9.  On 6 June 2005, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, due to a personality disorder and directed that the applicant receive an honorable discharge.  On 15 June 2005, the applicant was discharged accordingly.

10.  The DD Form 214 issued to the applicant upon her separation confirms she was honorably separated on 15 June 2005 in the rank of PFC/E-3 under the provisions of paragraph 5-13, Army Regulation 635-200, after completing 1 year, 10 months, and 21 days of active military service.  Item 26 (Separation Code) lists the separation program designator (SPD) code "JFX," item 26 (Reentry Code) contains the entry "3," and tem 28 (Narrative Reason for Separation) lists the reason for her separation as "personality disorder."

11.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for a personality disorder not amounting to disability which interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.

12.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JFX is the appropriate code to assign Soldiers separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of a personality disorder.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a change to the narrative reason for her discharge was carefully considered.  However, there is an insufficient evidentiary basis to support granting the requested relief.

2.  By regulation, members may be separated under the provisions of paragraph 5-13, Army Regulation 635-200, if they suffer from a personality disorder not amounting to disability which interferes with assignment to or performance of duty.

3.  The evidence of record confirms the applicant was properly evaluated and diagnosed with a personality disorder by a qualified psychiatrist based on a chronic, deeply-ingrained maladaptive pattern of behavior of such severity that her ability to perform military duties was significantly impaired.  Further, she waived her right to counsel and elected not to submit a statement in her own behalf contesting the diagnosis or discharge during her separation processing.

4.  The applicant's 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. 
As a result, there is an insufficient evidentiary basis to support granting the requested relief at this time.

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.

6.  The applicant is advised that she should have been issued and should possess Copy 1 (Service Member) of her DD Form 214, which is an edited copy that excludes the special additional information portion (items 23-30) of the form. 
This copy would show she received an honorable discharge; however, it does not include information related to the authority and reason for separation.  As a result, she could use this form when pursuing civilian employment opportunities.


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)                                         AR20090016413



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ABCMR Record of Proceedings (cont)                                         AR20090016413



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