IN THE CASE OF:	  

		BOARD DATE:	    4 November 2010

		DOCKET NUMBER:  AR20100010875 


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 change of his discharge from "Other Than Honorable (Personality Disorder)" to "uncharacterized" and change of the narrative reason for his separation to "Entry Level Separation."

2.  The applicant states he served less than 180 days and was discharged before completing basic training.  The characterization of his service is unfair and not an accurate portrayal of his current medical condition or mental state.  He further states this unfair record has followed him for more than 20 years, has been questioned in job interviews, and prevented him from purchasing a firearm.  

3.  The applicant provides no documents in support of his request.

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 enlisted in the Indiana Army National Guard (ARNG) on 9 September 1989 and entered initial active duty training (IADT) on 9 January 1990.  

3.  On 23 January 1990, the applicant completed a DA Form 2823 (Sworn Statement).  His statement shows the following:

	a.  He remarked to two drill sergeants that he was very upset and thinking of suicide.

	b.  [Prior to enlisting] he had been to a treatment center for drug addiction and manic depression and had attempted suicide.

	c.  He did not inform anyone about his history of treatment during his entry processing because he had been told to withhold the information.

	d.  At the basic training reception center he informed a noncommissioned officer and a company commander of his time in a treatment center.  He was told to speak up during the "moment of truth," [a time during entrance processing when recruits are given the opportunity to admit to omissions or false statements that may negatively affect their enlistment], but did not follow those orders.

4.  A Standard Form 513 (Consultation Sheet) shows, on 29 January 1990, the applicant was examined by the Chief, Inpatient Psychiatry, Community Mental Health Service (CMHS).  He was diagnosed with "personality disorder [not otherwise specified (NOS)], chronic, severe" and recommended for separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-13.

5.  The applicant's commander informed him he was initiating action to separate him for a personality disorder and that he was recommending an uncharacterized discharge.  On 31 January 1990, the applicant acknowledged notification of the proposed separation action.  

6.  On 2 February 1990, the applicant consulted with legal counsel and was advised of the basis for the contemplated action to separate him for a personality disorder and its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  He waived personal appearance before an administrative separation board and his right to submit statements in his behalf.

7. On 12 February 1990, the separation authority approved the applicant's discharge from the Reserve of the Army and directed he receive an entry level separation.  On 15 February 1990, the applicant was discharged accordingly after completing 1 month and 7 days of active military service.

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

* in item 24 (Character of Service) "Uncharacterized"
* in item 25 (Separation Authority) "AR 635-200, PARA 5-13"
* in item 28 (Narrative Reason for Separation) "PERSONALITY DISORDER"

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 at the time provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40, 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, required that the diagnosis concluded the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10; or Army Regulation 635-40.

	a.  The service of a Soldier separated per paragraph 5-13 was to be characterized as honorable unless an entry level separation was required.  A separation was described as an entry level separation with service uncharacterized if processing was initiated while a Soldier was in entry level status.  

	b.  For ARNG and U.S. Army Reserve (USAR) Soldiers, entry level status began upon enlistment in the ARNG or USAR.  It terminated 180 days after beginning training for Soldiers ordered to IADT for one continuous period.  

10.  Army Regulation 635-5 (Separation Documents) states item 28 of the DD Form 214 will be completed as shown in Army Regulation 635-5-1 (Separation Program Designators).  Army Regulation 635-5-1 states the narrative reason for separation for Soldiers separated under the provisions of Army Regulation
635-200, paragraph 5-13 is "personality disorder."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant's request to change his discharge from "Other Than Honorable (Personality Disorder)" to "uncharacterized" or to change the narrative reason for his separation to "Entry Level Separation."

2.  The evidence of record confirms he was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, Army Regulation 
635-200, paragraph 5-13, was the appropriate authority for the applicant's separation.  The applicant's narrative reason for separation is in accordance with the applicable regulations.  The evidence of record further shows that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  Further, his characterization of service is already shown as uncharacterized.

3.  In view of the above, there is no basis for granting the 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)                                         AR20100010875





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ABCMR Record of Proceedings (cont)                                         AR20100010875



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