IN THE CASE OF:	

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100022614 


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 narrative reason for separation from "personality disorder" to "physical disability retirement" or "temporary disability retirement."

2.  The applicant states the Department of Veterans Affairs (VA) decision rating indicates he does not meet the diagnostic criteria for a personality disorder and shows the severity of his service-connected disabilities would have warranted a physical disability retirement or a temporary disability retirement.

3.  The applicant provides:

* a self-authored statement
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* a VA rating decision
* three memoranda 
* five DA Forms 4856 (Developmental Counseling Form)
* sixteen certificates of training/awards
* two pages of course listings
* a DA Form 1559 (Inspector General Action Request)


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 15 June 2006 and held military occupational specialty 42A (Human Resources Specialist).  He was assigned to Headquarters and Headquarters Company, 3rd Infantry Regiment, Fort Myer, VA.

2.  On 22 August 2008, he underwent a mental status evaluation.  The examining psychiatrist diagnosed the applicant with an "Axis I:  Adjustment Disorder with Mixed Anxiety and Depressed Mood."  The psychiatrist indicated the applicant did not have a psychiatric condition which would have warranted disposition through medical channels and he noted the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command.  The psychiatrist stated, in part, "This condition and the problems presented by this individual are not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification.  This Soldier is likely to have continued difficulty coping with the stress associated with regular military duties.  It is strongly recommended that the Soldier be separated from the U.S. Army.  Future suicidal gestures are possible.  Any future gesture/attempt would be attributable to this individual's character and behavior.  The Soldier is being referred for further mental health counseling and continued treatment."

3.  On 28 August 2008, his immediate commander counseled him using a
DA Form 4856 for his recent admission to Walter Reed Army Medical Center (WRAMC) for mental health issues.  The counseling form states if the applicant was feeling depressed, had a desire to inflict harm upon himself or another individual, or needed to check himself into a medical facility he would contact his chain of command starting with his direct supervisor.  He was told not to consume alcohol or illegal drugs and not to intentionally cause physical harm to himself or others as actions of this type could result in elimination proceedings under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separation) paragraph 5-17, other designated physical or mental conditions. 

4.  In a statement written to "Whom it May Concern" by Doctor M------ A. W-----, a psychiatrist at the Andrew Rader U.S. Army Health Clinic, Fort Myer, dated 20 October 2008, he states, "At the request of (the applicant's name and social security number) I am writing this letter to you.  At the present time he does not appear to have symptoms of a behavioral disorder.  However, I believe it is necessary that he be evaluated by a psychologist and have psychological testing to check for underlying problems."


5.   On 21 November 2008, he underwent a second mental status evaluation.  The examining psychiatrist diagnosed the applicant with an "Axis I - Adjustment Disorder with Depressed Mood; Alcohol Abuse" and "Axis II - Borderline and Narcissistic Personality Disorder."  The psychiatrist indicated the applicant did not have a psychiatric condition which would have warranted disposition through medical channels and noted the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command.  The psychiatrist states, in part, "Psychiatric symptoms including depressed mood, suicidal thoughts and suicide attempt, as well as alcohol abuse, are a manifestation of (the applicant's) inability to adapt to typical military stressors.  Expeditious administrative discharge in accordance with Army Regulation 635-200, chapter 5-13, because of personality disorder is recommended for this Soldier."

6.  In a second statement written to the applicant's immediate commander by Doctor W-----, dated 25 November 2008, the psychiatrist states, in pertinent part, "Having reviewed the National Naval Medical Center (NNMC) narrative summary, notes of the applicant's behavioral health treatment, and interviewed (the applicant), I strongly concur with your actions (to initiate administrative separation due to his personality disorder)."

7.  On 25 November 2008, his immediate commander notified him that based on the recommendations of several different mental health doctors discharge action was being initiated against him under the provisions of Army Regulation 635-200, chapter 5-13, because of a personality disorder.  The commander cited the applicant's admission to the NNMC following the applicant's recent domestic disturbance and attempted suicide.  The counseling form states, in part, "Your actions on 16 November 2008 of inflicting physical harm on your wife, being apprehended by the Military Police, and being admitted to the NNMC for a mental health evaluation, are not compatible with military service."  The commander recommended him for an honorable discharge. 

8.  On 25 November 2008, the applicant acknowledged notification of his proposed discharge from the Army.  On 12 December 2008, he consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the procedures and rights that were available to him.

9.  His chain of command recommended approval of his discharge under the provisions of Army Regulation 635-200, paragraph 5-13, with an honorable discharge.


10.  On 4 January 2009, the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 5-13, with an honorable discharge.  On 15 January 2009, he was discharged accordingly.  The DD Form 214 he was issued confirms he completed 2 years, 7 months, and 1 day of creditable active service.

11.  Item 25 (Separation Authority) of his DD Form 214 shows "Army Regulation 635-200, paragraph 5-13" and item 28 (Narrative Reason for Separation) of this form shows "Personality Disorder."

12.  There is no indication that the applicant suffered from an illness or injury that would have warranted his entry into the Physical Disability Evaluation System (PDES) or that he underwent a medical evaluation board (MEB) or a physical evaluation board (PEB).

13.  On 12 July 2010, the Army Discharge Review Board denied his request to change the narrative reason for separation of his discharge from personality disorder to physical disability retirement.  The Board determined his discharge was both proper and equitable.

14.  In a self-authored statement, the applicant states, in part, his concern is of due process.  He was separated from the Army for a personality disorder and the diagnosis came while he was under distress and without analysis.  The VA concluded he did not have a personality disorder but a major depressive mood disorder.  It is his repeated contention that he never had any mental illness or issue until he became depressed from dealing with his platoon leadership.  An equal opportunity complaint substantiated there were issues with his platoon to include quality of life and Doctor W----- concluded he had no symptoms of a behavioral disorder and more testing needed to be performed.  No more testing was done and he was discharged for a personality disorder without review to see if the documented events within his platoon contributed to his depression.

15.  The applicant provided a VA rating decision, dated 23 March 2009, in which service-connection for major depressive disorder (also claimed as sleep disorder) was evaluated at 50 percent (%).  Service-connection for borderline personality disorder was denied and the rating decision states, in part, "The condition identified as borderline personality disorder is considered congenital or developmental issue which is unrelated to military service and not subject to service connection.  After a full evaluation, the examiner stated you do not appear to meet the diagnosis criteria for borderline personality disorder.  Borderline personality disorder and other personality disorders are not 


considered diseases or injuries for compensation purposes.  As noted, there is no current diagnosis based on the findings at your recent pre-discharge evaluation."

16.  Army Regulation 635-200, paragraph 5-13, states that commanders who are special court-martial-convening authorities may approve separation under this paragraph for Soldiers with a personality disorder (not amounting to disability) that interferes with assignment or with performance of duty.  Soldiers being considered for separation under paragraph 5-13 must have the diagnosis of a personality disorder established by a psychiatrist or doctoral-level clinical psychologist.  Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.  

17.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army PDES and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  It provides for MEBs, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention and if the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to PEB.

18.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, retention, and separation.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the VA Schedule for Rating Disabilities.  Paragraph 3-35 (Personality Disorders) states, in part, a history of, or current manifestations of, personality disorders of impulse control not elsewhere classified render an individual administratively unfit rather than unfit because of physical illness or medical disability.

19.  Title 38, U.S. Code, sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  The VA does not have authority or responsibility for determining physical fitness for military service.  The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge, to compensate the individual for loss of civilian employability.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant underwent two mental health evaluations that diagnosed him as having a personality disorder not amounting to a disability that interfered with the performance of his duties.  Accordingly, his chain of command initiated separation action against him.  The recommendation for separation was supported by documentation confirming the existence of a personality disorder.  He suffered from a personality disorder so servere that his ability to effectively perform military duties was significantly impaired.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

2.  The narrative reason for separation was assigned based on his being separated under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder, not a disability.  Absent this disorder, there was no fundamental reason to process him for discharge.  Therefore, the only valid narrative reason for separation permitted under this paragraph is "personality disorder."

3.  His personality disorder did not render him unfit because of a physical disability, but was the basis for his administrative separation as it caused interference with his military duties.  There is no evidence that he was diagnosed with any illness that would have warranted his entry into the PDES.  Therefore, he was not considered by an MEB or eligible for a medical discharge or separation/retirement for physical disability.

4.  Therefore, he is not entitled to the relief requested.

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)                                         AR20100022614



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ABCMR Record of Proceedings (cont)                                         AR20100022614



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