IN THE CASE OF:	  

		BOARD DATE:	  11 March 2010

		DOCKET NUMBER:  AR20090017168 


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, removal of the narrative reason for separation from her discharge document.

2.  The applicant states her behavior resulted from a sexual assault.  She states she received a disability rating from the Department of Veterans Affairs (VA) for post-traumatic stress disorder from sexual trauma.  She further states her disability rating vindicates her and explains her behavior at the time of discharge. 

3.  The applicant provides no supporting documents with her 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 U.S. Army Reserve in the Delayed Entry Program on 30 August 1979.  She enlisted in the Regular Army on 10 June 1980 for a 3-year period of service.  She completed basic combat training, advanced individual training, and was awarded military occupational specialty 84B (Still Photographic Specialist) upon the conclusion of her training.

3.  There is no disciplinary history recorded in the applicant's official military personnel file.

4.  The applicant's complete separation-processing packet and the supporting facts and circumstances pertaining to her discharge are not available for the Board's review.  Documents available for review were her commander's recommendation and approval authority decision. 

5.  On 2 June 1981, the applicant’s commander recommended separation from active duty under the provisions of Army Regulation 635-200, paragraph 13-4b for unsuitability because of a personality disorder.  The available evidence shows the applicant:
	
* waived a hearing before a board of officers after consulting with counsel  
* received a psychiatric evaluation
* was counseled on six separate dates 
* failed rehabilitation within her unit 
* performed below acceptable standards

6.  On 4 June 1981, the separation authority approved the discharge recommendation and directed the issuance of an Honorable Discharge Certificate.  Based on the reasons for discharge, the separation program designator (SPD) code is "JMB." 

7.  On 15 June 1981, the applicant received her DD Form 214 (Certificate of Release or Discharge from Active Duty) showing she was discharged under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), paragraph 13-4b, by reason of administrative discharge – unsuitability, personality disorder.  Records show she completed 1 year and 6 days of creditable active service.

8.  Item 26 (Separation Code) of the applicant's DD Form 214 shows the entry "JMB" and item 28 (Narrative Reason for Separation) shows the entry "Unsuitability-Personality Disorder." 

9.  There is no record to show the applicant applied to the Army Discharge Review Board requesting that her narrative reason and separation code be changed within its 15-year statute of limitations.

10.  Army Regulation 635-200, paragraph 13-4 at the time,provided for separation due to inaptitude, personality disorder, apathy, and homosexuality.   When a Soldier does not develop sufficiently to participate satisfactorily in military training or improve their conduct and work efficiency, the commander will initiate separation action prior to the Soldier's expiration of their term of service.  Discharge for personality disorder required diagnosis by a psychiatrist with diagnosis as described in the Diagnostic and Statistical Manual (DSM-II) of Mental Disorders, International Classification of Diseases and Injuries.  The DSM-II criterion for personality disorder includes a deeply ingrained, maladaptive pattern of behavior of a long duration interfering with an individual's ability to adapt and work.  From an Army medical viewpoint, every Soldier diagnosed as having a personality disorder is capable of controlling his actions.  Finally, when separation for unsuitability based on personality disorder was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.  

11.  Army Regulation 635-5-1, in effect at that time, prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  The regulation shows that the SPD "JMB," as shown on the applicant’s DD Form 214, specifies the narrative reason for discharge as "Unsuitability-Personality Disorder" and that the authority for discharge under this SPD is "Army Regulation 635-200, chapter 13-4b."

DISCUSSION AND CONCLUSIONS:

1.  In order for her to have been discharged under the provisions of Army Regulation 635-200, paragraph 13-4, the applicant would have been afforded the opportunity to consult with defense counsel, undergo a medical and psychiatric exam, and she would have been diagnosed with a personality disorder under the provisions of DSM-II. 

2.  In the absence of evidence to the contrary, regularity in the discharge process is presumed.  The type of discharge and the reason for separation are appropriate considering the known facts of this case.  The applicant was diagnosed with a personality disorder by competent military medical authorities.  While the applicant states the VA rating for post-traumatic stress disorder is from sexual trauma, there are no documents in her military records to show that she was sexually assaulted or that she received medical treatment after the assault while on active duty.  

3.  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 has failed to submit evidence that would satisfy that requirement.  The Board does not change military records solely upon a disability rating granted by the VA.  

4.  In view of the foregoing, there is insufficient evidence to change the applicant's narrative reason for separation from her DD Form 214.

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)                                         AR20090017168



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ABCMR Record of Proceedings (cont)                                         AR20090017168



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