IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100022687 


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 reconsideration of his earlier petition to the Board requesting a change to his narrative reason for separation.

2.  The applicant states he is again requesting a change to the “personality disorder” reason for his discharge.  He claims this was an incorrect diagnosis and it should be changed to allow him to reenter service and complete his military obligation.  The applicant claims he has been seen by a medical doctor who is a Diplomate American Board of Psychiatry who reviewed his case and agrees he never should have been given the personality disorder label.

3.  The applicant provides a self-authored letter and a doctor’s letter.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090012299, on 6 October 2009.

2.  The applicant provides a doctor's letter as new evidence which was not previously considered by the Board.  Therefore, his new evidence warrants consideration by this Board.


3.  During the original review of the case, the Board determined, contrary to the applicant’s claim he had never been seen by medical personnel for any personality disorder, that prior to his separation processing he had been evaluated by medical authority and diagnosed with a personality disorder with dependent traits.  It further found the applicant had been informed of the results of the mental status evaluation, including the personality disorder diagnosis, and that he had also been informed by legal counsel that the basis for his separation was his understanding of both the medical diagnosis and basis for separation. The applicant was further advised his assigned reentry (RE) code of 3 allowed him to apply for a waiver to reenter military service.

4.  The applicant provides a letter from a doctor at the Treatment Center for Anxiety and Depression, Winston-Salem, NC, dated 28 June 2010.  This doctor states he reviewed the material provided to the applicant by the Army and saw no reason why the applicant was given the ‘personality disorder” label.  He outlines the life led by the applicant and comments that the applicant has not led a life that would be characteristic of, nor diagnostic of, someone with a personality disorder.  He concludes by stating at this point in his life the applicant wants to clear his name and record of any such opprobrium and he hopes his rendered opinion on this matter will assist him.

5.  The applicant’s record shows he underwent a mental status evaluation on 
22 September 1992.  The examining physician, after a thorough clinical evaluation and psychiatric testing under Diagnostic Statistical Manual (DSM) of mental disorders 111-R, diagnosed the applicant with a personality disorder with dependent traits.  The applicant acknowledged the results of the evaluation with his signature and it was reviewed and approved by the Division Psychiatrist.

6.  The applicant consulted with legal counsel on 14 December 1993.  He was advised of the personality disorder basis for the contemplated separation action and its effects, and of the rights available to him.  Subsequent to this counseling, the applicant completed a statement confirming he was advised of the basis for his contemplated personality disorder separation and its effects, and he elected not to submit a statement in his own behalf.  

7.  On 12 January 1994, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-13, by reason of personality disorder.  At the time, he held the rank/grade of private (PV2)/E-2.  He completed 1 year, 3 months, and
8 days of total active service.


8.  Army Regulation 635-200 sets policies, standards, and procedures for the administrative separation of enlisted Soldiers.  Paragraph 5-13 contains guidance on separation because of a personality disorder.  It states Soldiers with less than 24 months of active duty service may be separated for personality disorder (not amounting to a disability) that interferes with assignment or performance of duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the personality disorder narrative reason for his discharge should be changed because he has never suffered from this condition has been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The doctor’s statement provided by the applicant has also been carefully considered.  However, the fact this doctor opines, nearly 16 years after the fact, that the applicant’s history does not lend itself to a personality disorder diagnosis is not sufficiently compelling to call into question the diagnosis of competent military medical authorities made at the time of the applicant’s discharge processing.  

3.  As the applicant was advised in the first decision, if his goal is to reenter military service, the disqualification that resulted in the RE-3 code assignment at discharge is waviable.  If he desires to reenter military service he should contact local recruiting personnel who are required to process enlistment waivers.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement or that would support amendment of the original Board decision in this case.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20090012299, dated 6 October 2009.



      ___________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)                                         AR20100022687



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ABCMR Record of Proceedings (cont)                                         AR20100022687



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