IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20100000181 


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 a change to her narrative reason for separation from "personality disorder" to something less specific and less degrading.

2.  The applicant states her narrative reason for separation:

* Interferes with her employment possibilities
* Limits her employment possibilities 
* Describes her in a very negative way
* Is limiting her from reaching her full potential again
* Has been a dark cloud handing over her head

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).

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.  On 27 July 1982, the applicant enlisted in the Regular Army for 4 years, in the pay grade of E-1.  She completed training as a patient administration specialist.  She was advanced through the ranks to specialist four (SP4)/E-4.

3.  On 26 February 1985, she extended her enlistment for 12 months.

4.  A Report of Psychiatric Evaluation, dated 18 June 1986, shows she was diagnosed as having a borderline personality disorder.  Her mental status evaluation revealed:

* A very sullen, manipulative individual
* Well oriented, affect restricted
* She was impulsive, immature, argumentative, defensive, and unable to deal with stressful situations
* She reported disturbance of sleep and appetite with depression and wanting to run away from situations
* She had been psychiatrically hospitalized on two occasions
* She had a history of emotional illness in her family
* Attempts that had been made to rehabilitate her were fruitless

5.  The attending psychiatrist recommended the applicant be administratively separated from the service as expeditiously as possible.  The psychiatrist cleared her for administrative action as deemed appropriate by her command.

6.  The applicant was counseled on 30 June 1986 for failing to report to her duty section for work.  Her commander stated:

* The basis for her failure to repair was that she could not cope with the stress involved in her duty position as a patient records specialist
* This was not her first incident of failure of repair
* On 27 March 1986, she remained in her billets room and refused to report to duty for 2 days
* Her attitude was one of apathy and sullenness, and she displayed no desire to be a productive Soldier
* Her negative attitude had resulted in complaints from patients whom she served

7.  During counseling, the applicant's commander told her:

* Such behavior simply would not be tolerated
* She was a specialist four in the U.S. Army and she was expected to act accordingly
* Regardless of this stress from work and/or personal problems she was experiencing, she must still perform assigned military duties and functions effectively in a military environment
* He had referred her case to the U.S. Army Medical Department Activity, Department of Psychiatry, out of concern for her mental and emotional well being
* She had 2 weeks to attempt to overcome her deficiencies
* If she was unable to resolve her problems and to function as a Soldier, he would be forced to consider separating her from the service in accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-13

8.  The applicant acknowledged receipt of her letter of counseling on 1 July 1986.

9.  On 11 July 1986, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 5, due to a personality disorder.  The commander cited frequent incidents of poor performance and her inability to correct her substandard performance.  He also cited her inability or unwillingness to cope with the stress of her duty position.  She acknowledged receipt of the notification on 14 July 1986 and, after consulting with counsel, she elected not to submit a statement in her own behalf.

10.  The appropriate authority approved the recommendation for discharge on 15 July 1986.  Accordingly, on 7 August 1986, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, due to a personality disorder.  She completed 4 years and 11 days of net active service this period.

11.  The DD Form 214 that she was issued shows her separation code as "JFX" and the narrative reason for separation as "personality disorder."

12.  A review of the available record fails to show that the applicant ever applied to the Army Discharge Review Board for a change of her narrative reason for separation within that board's 15-year statute of limitations.

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 13, contains the policy and outlines the procedures for separating individuals for personality disorder, and provides, in pertinent part, that a Soldier may be separated for personality disorder (not amounting to disability) that interferes with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnoses.  Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier’s ability to function effectively in the military environment is significantly impaired.

14.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty or discharge.

15.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons.  The regulation showed that the SPD “JFX” as shown on the applicant’s DD Form 214 specified the narrative reason for discharge as “Personality Disorder.”  The authority for discharge under this SPD was Army Regulation 635-200, paragraph 5-13.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged under the provisions of Army Regulation
635-200, chapter 5, paragraph 5-13.  Army Regulation 635-5-1, in effect at the time of her discharge, provided that SPD "JFX" and the reason of “Personality Disorder” would be entered for separation under the authority of Army Regulation 635-200, paragraph 5-13.  Therefore, based on the applicant's psychiatric diagnosis of borderline personality disorder by a competent medical authority, the narrative reason for separation is correct as entered on her DD Form 214 for the period ending 7 August 1986.

2.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The fact that she is experiencing problems in gaining employment due to the entry "personality disorder" on her DD Form 214 is an insufficient basis for changing her narrative reason for separation.

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 this 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)                                         AR20100000181



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)