IN THE CASE OF:	  

		BOARD DATE:	  22 July 2010

		DOCKET NUMBER:  AR20100007016 


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 that the Narrative Reason for Separation and Separation Code be removed from his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he believes that his chain of command acted unjustly because he attended a German WICCA Meeting by accident and was labeled a devil worshiper in the unit.  He goes on to state that he had no disciplinary action and he requested an Inspector General (IG) investigation.  He continues by stating that he has served 4 years in the Army National Guard with two deployments, has been promoted to the pay grade of E-6 and has recently reenlisted in the United States Army Reserve (USAR) in the military intelligence field and he is applying for a law enforcement position.  However, the characterization of his discharge may prevent him from achieving his goals.

3.  The applicant provides a two-page summary of his application and a list of supporting documents in his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army in Boston, Massachusetts on 
10 July 1990 for a period of 4 years, airborne training and training as a light wheel vehicle mechanic.  He completed his basic and advanced individual training at Fort Dix, New Jersey and his airborne training at Fort Benning, Georgia before being transferred to Germany on 29 March 1991.  He was advanced to the pay grade of E-4 on 1 May 1992.
2.  In February 1993, the applicant’s commander referred the applicant for a mental evaluation at Nuremburg Army Hospital because he displayed erratic behavior.  The applicant was diagnosed as having a personality disorder not otherwise specific/Anti-social and Borderline Features.  The diagnosis represented a chronic, deeply ingrained maladaptive pattern of behavior.  It causes him to be unfit for duty and is not amenable to hospitalization, treatment, transfer, disciplinary action, retraining or reclassification within the military system.  The disorder is of such severity that it significantly impairs the ability of the Soldier to function in a military environment.  The examining official recommended that he be separated administratively from military service under the provisions of Army regulation 635-200, chapter 5-13.

3.  On 25 March 1993, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 5-13 due to a personality disorder.

4.  After consulting with counsel the applicant acknowledged that he understood that he could not apply for enlistment for a period of 2 years after discharge and he elected not to submit a statement in his own behalf.

5.  The appropriate authority approved the recommendation for discharge and directed that he be furnished an Honorable Discharge Certificate.

6.  Accordingly, he was honorably discharged on 26 April 1993 under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.  He had served 2 years, 9 months, and 17 days of total active service and was issued a separation code of “JFX” (indicating separation for a personality disorder.)

7.  The applicant enlisted in the Florida Army National Guard (FLARNG) with an approved waiver on 22 August 2005.  He served as a light weapons infantryman and was ordered to active duty in support of Operation Iraqi Freedom on 22 May 2006.  He was promoted to the pay grade of E-5 on 5 September 2006 and he served in Iraq from 6 August to 12 November 2006 and from 2 December 2006 to 1 April 2007.  He was honorably released from active duty (REFRAD) on 15 May 2007 and was returned to his FLARNG unit.

8.  The applicant subsequently transferred to the Georgia Army National Guard (GAARNG) and was promoted to the pay grade of E-6 on 16 May 2007.  He was ordered to active duty on 3 January 2008 in support of Operation Enduring Freedom and deployed to Afghanistan from 23 January 2008 to 5 July 2008.  He was REFRAD on 5 August 2008 and was returned to his GAARNG unit, where he remained until he was honorably discharged on 21 November 2009 due to the expiration of his term of service (ETS).

9.  On 30 June 2010, the applicant enlisted in the USAR in Tampa, Florida for a period 6 years, in the pay grade of E-6 for a USAR Prior Service Enlistment Bonus of $10,000.

10.  A review of the documents submitted by the applicant shows that he provided a Report of Psychological Evaluation that was conducted on 23 July 2003 by a civilian clinical psychologist in Tampa, Florida and was used in granting him a waiver to enlist in the FLARNG.  The psychologist determined at that time that there were no findings of any form of mental health impairment at the time.

11.  Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states, in pertinent part that a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  

DISCUSSION AND CONCLUSIONS:

1.  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 the aforementioned requirement.

2.  The applicant’s administrative discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.  

3.  The applicant was discharged in 1993 and in 2005, he obtained a waiver to enlist in the FLARNG; however, the fact that he obtained a waiver and was determined not to have a mental impairment at the time does not negate the mental evaluation done in 1993.  It is also noted that at the time of his discharge in 1993, the applicant did not submit any mitigating facts in his case that may have been considered at the time.

4.  While the applicant is to be commended for his subsequent service to the nation, the fact remains that his discharge in 1993 was proper and he has failed to show otherwise.  Additionally, it is noted that his discharge maintains the integrity of his records in that he received a waiver from the FLARNG and to remove or alter his records would create a void in the sequence of events that occurred.

5.  The Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.

6.  While it is understandable that the applicant does not desire his record to reflect that he was diagnosed with a personality disorder in 1993, removing that information from his DD Form 214 will not accomplish his intended purpose.  In any event, he has failed to show that his record is in error or that an injustice has occurred in his case.  Accordingly, there is no basis to grant his request.

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)                                         AR20100007016





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007016



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1