IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100020211


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) as follows:

* change his narrative reason for separation from personality disorder to disability by reason of post-traumatic stress disorder (PTSD)
* change separation code to correspond with narrative reason for separation
* show the imminent danger pay dates related to his service in Iraq

2.  The applicant states he experienced PTSD symptoms while serving in Iraq with the 10th Mountain Division.  He states his condition was noted by Army psychiatrists prior to his discharge, yet he was instead discharged for personality disorder.  He concludes by stating he recently discovered this error while applying for employment with law enforcement and he believes this to be a common injustice suffered by many Soldiers.

3.  The applicant provides his 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 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 22 October 2002.  Records show he completed training and he was awarded military occupational specialty 91W (Health Care Specialist).  The highest rank/pay grade he achieved while serving on active duty was private first class/E-3.

3.  The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records; however, the record does contain a properly-constituted DD Form 214.

4.  On 1 October 2004, he was discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 
paragraph 5-13, due to a personality disorder.  His DD Form 214 shows he completed 1 year, 11 months, and 10 days of net active service during this period.  This form also shows the following entries:

* item 12f (Foreign Service) – "0000 00 00"
* item 18 (Remarks) – "SERVICE IN IRAQ: NEED DATES IMMINENT DANGER PAY AREA"
* item 26 (Separation Code) – "JFX"
* item 28 (Narrative Reason for Separation) – "PERSONALITY DISORDER"

5.  Defense Finance and Accounting Service (DFAS) records indicate he served in an imminent danger pay area from 2 September 2003 to 12 September 2004.

6.  There is no documentation in the available records and he has not provided any documentation that indicates he suffered from PTSD during his period of service.

7.  On 21 July 2010, the Army Discharge Review Board reviewed his request for a change of his narrative reason for separation and determined there was insufficient evidence to warrant relief.

8.  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 diagnoses), not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) 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.

9.  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 Designator (SPD) Codes).  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 the separation code for personality disorder is "JFX."

10.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Item 12f is obtained from the Enlisted Record Brief and shows the total amount of foreign service completed during the period covered by the DD Form 214.  Additionally, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD-YYYYMMDD)" is entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to change his narrative reason for separation and separation code from personality disorder to disability and to show the imminent danger pay dates related to his service in Iraq was carefully considered and found to have partial merit.

2.  DFAS records show he served in an imminent danger pay area from 2 September 2003 to 12 September 2004; therefore, he is entitled to correction of his DD Form 214 to show this service.

3.  He contends he should have been diagnosed with PTSD and his discharge should have been based upon that condition, not the stated "personality disorder."  There is no evidence of record and he has not provided any evidence to support his claim that he suffered from PTSD while on active duty.  Therefore, there is no basis for granting the requested relief.

4.  The evidence of record does not contain the specific facts and circumstances leading to his discharge from the Army.  Absent additional information, administrative regularity must be presumed.  Therefore, he is not entitled to a change in either the narrative reason for separation or the separation code used to affect his discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 amending the following items of his DD Form 214 accordingly:

* item 12f – from "0000-00-00" to "0001 00 11"
* item 18 – from "SERVICE IN IRAQ:  NEED DATES IMMINENT DANGER PAY AREA" to "SERVICE IN IRAQ FROM 20030902-20040912"

2.  The Board further determined 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 and separation code from personality disorder to disability.



      _______ _   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)                                         AR20100020211



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