IN THE CASE OF:

		BOARD DATE:	  29 March 2011

		DOCKET NUMBER:  AR20100021616 


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 her uncharacterized discharge to an honorable discharge.

2.  The applicant states she did not have a personality disorder before she enlisted in the Army.

3.  The applicant provides a copy of her 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 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's record shows she enlisted in the Regular Army on 14 October 1988.  The highest rank/grade she attained while serving on active duty was private/E-1.

3.  On 3 November 1988, she underwent a mental status evaluation.  The examining psychiatrist diagnosed her with a personality disorder not otherwise specified with borderline and histrionic features.  Her suicide gesture potential was considered to be high.  He recommended administrative separation in accordance with paragraph 5-13, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), based on her personality disorder.  He stated her personality disorder was:

* a lifelong and deeply-ingrained maladaptive pattern of behavior
* considered chronic and recalcitrant to attempts at rehabilitation
* not compatible with satisfactory military service
* highly likely to prevent her from completing initial training

4.  On 3 November 1988, her immediate commander notified her of his intent to initiate separation action against her under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of a personality disorder.  Her commander remarked the applicant's personality disorder was not compatible with military service.  He recommended that she receive an entry-level separation.

5.  On the same day, she acknowledged receipt of her notification of her pending separation action and she was advised of the basis for the contemplated action to separate her for a personality disorder under the provisions of paragraph 5-13 of Army Regulation 635-200.  She waived consulting counsel and elected not to submit a statement.

6.  The separation authority approved her separation under the provisions of paragraph 5-13, Army Regulation 635-200, due to a personality disorder and directed that she receive an entry-level separation (uncharacterized).  On 17 November 1988, she was discharged accordingly.  She completed 1 month and 4 days of total active service.

7.  There is no indication the applicant applied to the Army Discharge Review Board for a change to her discharge.

8.  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 which 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.  It further specifies that the service of Soldiers separated under this provision will be characterized as honorable unless in an entry-level status, in which case it will be uncharacterized.  Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time the separation action is initiated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of her uncharacterized discharge to an honorable discharge.

2.  By regulation, members may be separated under the provisions of paragraph 5-13, Army Regulation 635-200, if they suffer from a personality disorder not amounting to disability which 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.

3.  The applicant contends she did not have a personality disorder prior to entering the Army; however, she has not provided evidence to support her contention.  The record confirms she was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, her separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  In view of the foregoing, her request should be denied.

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 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)                                         AR20100021616



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ABCMR Record of Proceedings (cont)                                         AR20100021616



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