BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023951 


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 narrative reason for separation.

2.  The applicant states he does not have a personality disorder.  Subsequent neuropsychological testing has proven that he has Asperger's Syndrome, an autism-spectrum disorder.  The neuropsychological testing was conducted at the Jamaica Plain Department of Veterans Affairs (VA) hospital in Boston, MA.  

3.  The applicant did not provide any evidence. 

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 records show he enlisted in the Regular Army for a period of 4 years on 29 July 2003.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 91W (Health Care Specialist).  He was assigned to the 1st Battalion, 9th Field Artillery, Fort Stewart, GA. 

3.  His records show he served in Kuwait/Iraq from 22 January 2005 to 26 October 2005.  He was authorized early release from the theater due to separation processing.

4.  His records contain multiple counseling statements for insubordination, verbal confrontation with other Soldiers, failure to report to guard duty, being disrespectful, sleeping on guard duty, failing to follow orders, failing to clear his weapon and/or negligence (for which he was admonished in writing), disobeying orders, failing to maintain sensitive items, failing to conduct himself in a military manner, failing to maintain cleanliness, making a false statement, and failing to maintain his barracks area.

5.  On 8 September 2005, he underwent a mental health evaluation due to concern over his work performance and behavioral problems.  The clinical psychologist stated:

	a.  The applicant's evaluation revealed he had a pattern of social and interpersonal deficits marked by acute discomfort with, and reduced capacity for, close interpersonal as well as cognitive and perceptual distortions of behavior.  He displayed odd thinking and speech, suspicious and paranoid thinking, inappropriate and constricted effects, and an eccentric or peculiar appearance.  He demonstrated recurrent and persistent thoughts, impulses, and images that were intrusive, inappropriate and cause marked anxiety or distress.  His diagnosis was as follows:

* Axis I - obsessive compulsive disorder, drug abuse by history
* Axis II - schizotyphal personality disorder with narcissistic personality traits
* Axis III - heat exhaustion by patient report
* Axis IV - occupational and interpersonal stressors

	b.  His conditions did not warrant a medical evaluation board.  He manifested a significant, chronic pattern of poor interpersonal interactions, coping and behavioral problems that significantly interfered with his ability to function effectively in the military.  It was recommended that he be expeditiously separated from the Army.


6.  On 16 September 2005, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, by reason of a personality disorder with an honorable discharge.  The immediate commander remarked it was unlikely his functioning would improve with psychological treatment or a rehabilitative transfer. 

7.  On 16 September 2005, the applicant acknowledged receipt of the separation memorandum and consulted with legal counsel.  He was advised of the basis for the contemplated separation action and its effect, of the rights available to him and the effect of any action taken by him in waiving his rights, and of the type of discharge and its effect on further enlistment or reenlistment.  He elected not to submit a statement in his own behalf.

8.  On 18 September 2005, his immediate commander initiated separation action against him in accordance with Army Regulation 635-200, paragraph 5-13.  His intermediate commander recommended approval with an honorable discharge.

9.  On 6 October 2005, the separation authority approved the proposed separation action against the applicant in accordance with Army Regulation   635-200, paragraph 5-13, and directed that he be issued an honorable discharge.  On 22 November 2005, the applicant was accordingly discharged.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 years, 3 months, and 25 days of creditable active service during this period.  Item 28 (Narrative Reason for Separation) shows the entry "Personality Disorder."

10.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states that a Soldier may be separated for personality disorders, 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 diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.

11.  Army Regulation 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his narrative reason for separation should be corrected. 

2.  The evidence of record shows he underwent a mental status evaluation that determined he was diagnosed with a personality disorder that severely affected his ability to function effectively in a military environment.  In the absence of substantial evidence to the contrary, it is presumed that competent military medical personnel properly made a diagnosis of personality disorder.  Accordingly, his chain of command initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 5-13.  His discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of his rights.  The character of service and the narrative reason for separation were appropriate under the circumstances

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)                                         AR20100023951



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ABCMR Record of Proceedings (cont)                                         AR20100023951



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