IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090020018 


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 he was discharged for a personality disorder and he was granted 100 percent (%) service-connected disability for Bipolar Disorder after his discharge.  He adds that prior to discharge, he was not provided counsel.

3.  The applicant provides no additional documentary evidence in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

The Disabled American Veterans, as the applicant's counsel, does not provide any additional argument or documentary evidence 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's record shows that, after having prior service, he enlisted in the Regular Army on 19 January 1982.  He was trained in and awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).

3.  On 3 December 1985, a medical statement was provided to the applicant's former company commander per the applicant's requests.  On this statement, the Chiefs, Department of Psychiatry and Community Mental Health Services, Headquarters, U.S. Army Medical Department Activity Panama, indicated the applicant had a personality disorder and it was not likely he would benefit with further attempts at treatment, hospitalization, reclassification, or reassignment.  They recommended the applicant's separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, paragraph 5-13, for personality disorder and cleared the applicant for further administrative action as deemed appropriate by the command.

4.  On 6 December 1985, 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 mood or affect was unremarkable, his thinking process was clear, his thinking content was normal, and his memory was good.

5.  On 30 December 1985, the applicant was notified by his unit commander of his pending separation action under the provisions of Army Regulation 635-200, chapter 5, by reason of personality disorder.  The applicant's unit commander based his recommendation for separation on the applicant's psychiatric disorders.

6.  On 31 December 1985, the applicant consulted with legal counsel and he 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 6 January 1986, 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 21 January 1986 under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder. 
He completed 4 years and 3 days of active service this period.
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 was cleared for administrative action as deemed appropriate by his command by competent medical authorities. 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.

6.  In view of the foregoing, there is no basis for granting the applicant's requested relief.


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)                                         AR20090020018



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020018



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1