BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090021616 


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 his narrative reason for separation.

2.  The applicant states, in effect, there are no statements concerning a personality disorder in his record.  There are no medical or psychiatric reports, and no reports from his commanding officer showing why this was added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant did not provide any additional documentary evidence.

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 records show he enlisted in the Regular Army on 25 March 1991 and held military occupational specialty 91P (X-Ray Specialist).  The highest rank/grade he attained during his military service was specialist four (SP4)/E-4.  He was assigned to the 121st Evacuation Hospital, Fort Lewis, WA.

3.  On 7 April 1993, he underwent a mental status evaluation at his commander's request.  The military psychologist remarked that he was fully alert and oriented with a clear thinking process and normal thought content.  He added that:

	a.  The applicant's behavior was passive and he presented maladjustment to military service as reflected by chronic, life-long personality traits that significantly impaired his capacity to adapt to and function in a military environment.  This condition and the problems presented by him were not amenable to treatment, hospitalization, transfer, disciplinary action, training, or reclassification into another type of duty within the military.

	b.  It was unlikely that rehabilitation efforts would develop him into a satisfactory member of the military.  The recommendation was administrative separation as deemed appropriate by his chain of command.

4.  On 13 April 1993, his immediate commander notified him of his intent to initiate separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) by reason of personality disorder with an honorable discharge.

5.  On 13 April 1993, the applicant acknowledged receipt of the notification of his pending separation action and he was subsequently advised by counsel of the basis for the contemplated action to separate him for a personality disorder under the provisions of paragraph 5-13 of Army Regulation 635-200.  He elected not to submit a statement and further indicated he understood that he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him.  

6.  On 15 April 1993, his immediate commander initiated separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of mental disorder.  The immediate commander remarked that the applicant's report of mental status evaluation reflects chronic, life-long personality traits that significantly impaired his capacity to adapt to and function in a military environment.  

7.  On 15 April 1993, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200 and directed he be issued an honorable character of service. 8.  On 3 May 1993, the applicant was accordingly discharged.  His DD Form 214 shows he completed 2 years, 1 month, and 9 days of creditable active service during this period.  The following entries are also shown:

* item 25 (Separation Authority) shows the entry "Army Regulation 635-200, paragraph 5-13"
* item 26 (Separation Code) shows the entry "JFX"
* item 28 (Narrative Reason for Separation) shows the entry "personality disorder"

9.  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 personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that 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.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The "JFX" SPD code is the correct code for members separating under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his narrative reason for separation should be corrected.

2.  The evidence of record shows the applicant underwent a mental status evaluation at his commander's request.  His behavior was determined to be passive and he presented maladjustment to military service as reflected by chronic, life-long personality traits that significantly impaired his capacity to adapt and function in a military environment.  His condition was not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification into another type of duty within the military.  Accordingly, his chain of command initiated separation action against him.

3.  The evidence of record shows his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall record of military service.  

4.  The applicant's narrative reason for separation was assigned based on the fact that he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  Absent this condition, there was no fundamental reason to process him for a discharge.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code is "Personality Disorder."  Therefore, he received the appropriate narrative reason for separation.

5.  There is no evidence in the available records nor did the applicant provide evidence to substantiate a removal of or a change to his narrative reason for separation.  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 did not submit evidence that would satisfy this requirement. Therefore, there is insufficient evidence to grant the applicant's requested relief in this case.

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)                                         AR20090021616



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ABCMR Record of Proceedings (cont)                                         AR20090021616



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