IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100009271
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, items 25 (Separation Authority) and
28 (Narrative Reason for Separation) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed.
2. The applicant states:
* Her discharge (narrative reason for separation) should be changed to medical because she was diagnosed with fibromyalgia, costochondritis, rib dysfunction, neck trauma, lower back pain, depression, and personality disorder while she was in the military
* To this day she has problems with the fibromyalgia and her body hurts all over all the time
* Her health is in poor condition and with no insurance or medical help from the Department of Veterans Affairs it's getting worse
3. The applicant provides:
* Psychiatric evaluation, dated 24 August 2001
* Request for legal action
* Consultation, dated 21 March 2001
* Medical records, dated 2001
* DD Form 214
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 applicants 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 applicants 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 Regular Army on 7 July 2000 and was awarded military occupational specialty 92Y (unit supply specialist).
3. The facts and circumstances surrounding the applicants discharge are not contained in the available records. However, the applicants DD Form 214 shows she was honorably discharged on 21 November 2001 under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder. She had served a total of 1 year, 4 months, and 15 days of creditable active service.
4. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [Paragraph] 5-13." Item
26 (Separation Code) of his DD Form 214 shows the entry "LFX." Item
28 (Narrative Reason for Separation) of his DD Form 214 shows the entry "PERSONALITY DISORDER."
5. In support of her claim, the applicant provides 2001 medical documentation which shows she was diagnosed with major depression, personality disorder, fibromyalgia, costochondritis, and rib dysfunction.
6. 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, 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 Soldiers ability to perform duty. The
diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist. The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the Soldiers ability to function in the military environment is significantly impaired.
7. Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)) prescribes 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 states the reason for discharge based on the SPD of "LFX" is "Personality Disorder" and the regulatory authority is Army Regulation 635-200, paragraph 5-13.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention the narrative reason for separation (personality disorder) should be changed to medical was noted. However, in the absence of evidence to the contrary, it is presumed the applicant was properly diagnosed with a personality disorder by competent and appropriate military medical authorities.
2. In the absence of evidence to the contrary, it is also presumed the separation authority and reason for separation used in the applicants case are correct and were applied in accordance with the applicable regulations.
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) AR20100009271
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ABCMR Record of Proceedings (cont) AR20100009271
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