BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100020156
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 all references to a personality disorder be removed from his records.
2. The applicant states he his never been under care or treated for a personality disorder or any type of mental condition.
3. The applicant provides a copy of his 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 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 served in the Regular Army from 17 April 1990 though 13 June 1991. His DD Form 214 shows he was discharged under Army Regulation 635-200, paragraph 5-13 for a personality disorder.
3. During a general counseling on 30 November 1990, the applicant reported having family problems in addition to problems resulting from his multiple periods on medical profiles. He was referred to the Chaplain's office for assistance.
4. A 28 January 1991 general counseling statement shows the applicant was referred to the Community Mental Heath Services due to problems at work and home.
5. An 8 April 1991 general counseling statement shows the applicant was referred to Mental Heath due to periods of depression and mood swings that were interfering with his performance of duty.
6. A 6 May 1991 Report of Mental Status Evaluation indicates that the applicant was evaluated and found to have a severe adjustment disorder with mixed emotional features. His condition was considered to be so severe that his ability to function effectively in the military environment was significantly impaired. It was determined that this condition represented a personality disorder under Army Regulation 40-501.
7. On 17 May 1991, the applicant was notified of and acknowledged that he was being processed for separation under Army Regulation 635-200, for a personality disorder. He waived his right to counsel and to submit a statement on his own behalf.
8. On 31 May 1991, the discharge authority approved the discharge, waived the rehabilitation requirements, and directed the applicant receive an honorable discharge.
9. The applicant was honorably discharged on 13 June 1991, under the provisions of Army Regulation 635-200, paragraph 5-13 for a personality disorder.
10. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-13 establishes policy and prescribes procedures for separating members for personality disorder not amounting to a disability under Army Regulation 635-40.
At the time, 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, and required that the diagnosis concluded the disorder was so severe that the Soldiers ability to function in the military environment was significantly impaired.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he has never been under care or treated for a personality disorder or any type of mental condition.
2. Whether or not the applicant was ever treated for his diagnosed personality disorder is irrelevant. The applicant was diagnosed as suffering from a personality disorder while on active duty by competent military medical authorities.
3. The applicant has provided no evidence that the diagnosis rendered by the military is in error. The applicant's general counseling statements and the mental health evaluation clearly show he was suffering from a problem adjusting to military life and that this condition resulted in a negative impact on his ability to serve.
4. Therefore, no relief is warranted.
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.
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