IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017283


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to change his narrative reason for separation from personality disorder to Attention Deficit-Hyperactivity Disorder (ADHD).

2.  The applicant states, in effect, the Army was in error in listing "personality disorder" as his narrative reason for separation, when in fact it was due to ADHD.  He states he was wrongfully discharged as a result of the Army's misdiagnosis, and he takes exception with the speed in which he was separated.  He states he did not understand his legal recourse options at the time of his separation; he believed his only option was to accept the discharge as provided or he would be given a dishonorable discharge instead.  He concludes by stating he was a good Soldier who was promoted quickly, but discharged unfairly.  He states he has suffered enough with the stigma of his misdiagnosed condition. 

3.  The applicant provides:

* self-authored statement
* DD Form 214
* Orders 199-4, 189th Personnel Service Company
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 2-1 (Personnel Qualification Record – Part II)
* Two Letters of Appreciation
* Certificate of Achievement
* Certificate of Training
* Eleven pages of miscellaneous medical care, progress and nursing, and inpatient treatment notes 
* Three pages of medical record progress notes from the Houston Veterans Affairs Medical Center (VAMC)

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 Regular Army on 2 March 1983.  Records show he completed basic combat and advanced individual training and was awarded military occupational specialty 36C (Wire Systems Installer Operator).  

3.  On 13 June 1985, he arrived at his new assignment with C Company, 1st Signal Battalion, Worms, Germany.  

4.  On 17 June 1985, he was admitted to the psychiatric inpatient ward of the Landstuhl Army Regional Medical Center (LARMC).  His examiner noted he had suicidal thoughts, depression, complained about crying spells, and felt he was losing control.  He (the applicant) stated he was unable to concentrate, had difficulty carrying out his daily routine, had disturbed sleep, and worried about losing his family.  He was treated and discharged on 25 June 1985.  His examiner noted that while not suicidal, he continued to have feelings of depression and apprehension about losing his family if he continued in the Army.

5.  On 21 June 1985, his commander requested a psychiatric examination of the applicant, stating he (the applicant):  

* was experiencing severe emotional hardship
* was contemplating suicide
* was severely depressed
* had stated his desire to leave the service
* believed the service caused his marital problems
6.  On 9 July 1985, he underwent a psychiatric evaluation at LARMC.  His Report of Psychiatric Evaluation shows he was examined by competent medical authorities and was diagnosed as having Adjustment Disorder (emphasis added) with Depressed Mood.  The attending psychiatrist determined that he was alert and cooperative, coherent and relevant.  He was not suicidal or homicidal.  There were no thought disorders; his cognitive functions were intact.  His judgment was poor, and his insight was limited.  

7.  The attending psychiatrist noted that his adaptability to adverse situations was poor, recommended that he continue to see a psychiatrist on an outpatient basis, and recommended immediate discharge from the Army.  

8.  On 18 July 1985, he was notified that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 5, due to his inability to adapt to adverse situations, apparent depression, and his stated desire to be discharged from the Army.  He acknowledged receipt of the notification on 18 July 1985 and, after consulting with counsel, elected not to submit a statement in his own behalf.

9.  The separation authority ultimately approved the recommendation for discharge, waived his rehabilitative requirements, and directed his separation.  Accordingly, on 5 August 1985, he was honorably discharged under the provisions of Army Regulation 635-200, chapter 5, due to a personality disorder.  His DD Form 214 shows he completed 2 years, 5 months, and 4 days of net active service during this period.  This form also shows the following entries:

* Item 25 (Separation Authority), "AR 635-200, Para 5-13
* Item 26 (Separation Code), "JFX"
* Item 28 (Narrative Reason for Separation), "Personality Disorder"

10.  There is no documentation in the available records, nor has he provided any documentation, which indicates he suffered from ADHD during his period of service.

11.  He provides:

   a. a self-authored statement, in which he states the presumption of regularity, whereby it is assumed that the service acted correctly in characterizing his reason for discharge, should not apply in his case because, as he states:

		(1) Clemency is warranted because it is an injustice for him to continue to suffer the adverse consequences of "personality disorder" being listed as his reason for separation.
      (2)	His conduct and efficiency ratings, behavior, and proficiency marks were good.
      
      (3)	He received certificates of achievement and letters of appreciation and was approved for extension of his enlistment.

(4)	His record of promotions showed he was a good service member.

      (5)	He had no instances of nonjudicial punishment (Article 15, Uniform Code of Military Justice), no administrative hearings, or any other derogatory information.

(6)	He has been successfully treated for ADHD.

   b. Eleven pages of miscellaneous medical care, progress and nursing, and inpatient treatment notes, which are void of any information or comments regarding ADHD.

   c. Three pages of medical progress notes from the Houston VAMC, dated December 2007 and January 2008, in which the first page contains a notation that he has a prior medical history of ADHD and identifies his current medications.

12.  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."  Army Regulation 635-5-1 also states that the separation code for Secretarial Authority is "JFF."

13.  Army Regulation 635-200 (Enlisted Separations) provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for personality disorder (as diagnosed by a physician trained in psychiatry and psychiatric diagnose), 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 Soldier's ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action and requires that the diagnosis conclude the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.


14.  Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, and retention.  Chapter 6 explained the different types of disorders.  Personality disorder is defined as a condition that is deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the member's ability to perform duty.  Adjustment disorder on the other hand is manifested with symptoms such as depressed mood or anxiety.

15.  Army Regulation 635-200, chapter 5, states the separation of enlisted personnel for the convenience of the Government is the prerogative of the Secretary of the Army (SA).  Except as delegated by this regulation or by special Department of the Army directives, it will be-accomplished only by the SA's authority.  The separation of any enlisted member of the Army under this authority will be based on an SA determination that separation is in the best interests of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been diagnosed with ADHD, and his discharge should have been based upon that condition, not the stated "personality disorder."  There is no evidence of record, and the applicant has not submitted any evidence, to support his claim he suffered from ADHD while on active duty; therefore, there is no basis for granting the requested relief.  

2.  The evidence of record in this case shows the applicant was evaluated by a psychiatrist who diagnosed him with an adjustment disorder.  He was not diagnosed with a personality disorder.  Nevertheless, the applicant's inability to adapt to adverse situations as well as his apparent depression was interpreted by the immediate commander as a personality disorder.  Accordingly, he initiated separation action against the applicant.

3.  By regulation, in order to initiate separation action for a personality disorder, the diagnosis of such condition must be done by a psychiatrist.  Although the applicant was never diagnosed with ADHD during his military service and although this condition, if it were diagnosed, would not have made the applicant unfit for retention, the narrative reason for the applicant's separation should not have been a personality disorder.  

4.  Therefore, in the interest of equity, the applicant's narrative reason and his separation code should be corrected to Secretarial Authority with a corresponding separation code.  His DD Form 214 should be corrected as shown below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* deleting from item 25 the entry "AR 635-200, Para 5-13" and adding the entry "AR 635-200, Chapter 5"
* deleting from item 26 the entry "JFX" and adding the entry "JFF"
* deleting from item 28 the entry "Personality Disorder: and adding the entry "Secretarial Authority"

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing his narrative reason for separation from personality disorder to Attention Deficit-Hyperactivity Disorder.



      ____________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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ABCMR Record of Proceedings (cont)                                         AR20100017283



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