IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100024635 


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 Item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "disability or temporary disability" as a secondary reason.

2.  She states she served honorably as the record reflects.  However, she suffered a panic attack while attempting to get into a Mission Oriented Protective Posture (MOPP) suit during a training exercise, which she could not complete; therefore, she was subsequently administratively discharged.  She is now receiving Social Security disability because of panic attacks.  She just recently requested a copy of her military records and discovered what is written in her medical record.  She was informed by a veteran's service officer that this recourse was open to her.  

3.  She also states, in effect, that when she was stationed at Fort Bragg, NC, from October 1981 through May 1983, she began to experience anxiety and panic attacks.  She consulted a neurologist and he documented that she was in an "anxiety tension state."  She was sent to Germany in May 1983.  The anxiety was exacerbated when she was exposed to a MOPP Exercise.  It was recommended that she be discharged because these claustrophobic anxieties could be debilitating for military service.  She believes she meets the criteria for having her records changed.  She is attaching medical evidence that documents when the attacks started and how they escalated during her service.  Since being discharged, her condition has deteriorated considerably.


4.  She provides:

* Medical Record - Consultation Sheet, dated 19 November 1982
* Report of Medical Examination and a Report of Medical History, both dated 23 August 1983
* DD Form 214
* La Salle Clinic General History, dated between 1995 and 1998
* Affinity Medical Group Office Notes, dated between 2000 and 2004
* Letter from the Social Security Administration, dated 2004

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.  On 6 October 1981, the applicant enlisted in the Regular Army in pay grade E-2, for 4 years, with prior service in the Army National Guard.  She served in military occupational specialty 91G (Behavioral Science Specialist).  She was promoted to pay grade E-4 on 1 November 1982.  She served in Germany from 30 April through 2 October 1983.

3.  A Report of Psychiatric Evaluation, dated 1 August 1983, shows the applicant was diagnosed with Claustrophobia with Panic Attacks and Adjustment Disorders with depressed mood.  Her pertinent history showed longstanding claustrophobia since age 5.  In the past she had been able to deal with it by avoiding precipitating circumstances.  She had previously avoided the attacks by taking leave, passes, etc. during every requirement to wear a gas mask.  Her mental status was found to be logical, in full range of effect, and oriented.  Her thought and judgment were adequate.  No evidence of hallucinations, deliriums, or psychosis was found.  Sight reactive depression with sleep disturbance was found.  The evaluating psychiatrist found the severity of the panic disorder, together with the severity of anxiety induced by the thought of specific therapy 
was such that therapy was considered to offer little possibility of success.  It would be longstanding and most likely ineffective.   The evaluating psychiatrist recommended the applicant be administratively discharged from the service.

4.  On 9 September 1983, the applicant's unit commander notified the applicant that he was taking action to separate her from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 5-13.  The unit commander stated, in effect, he was initiating the proposed action due to the applicant being diagnosed as having a personality disorder.  He indicated that the disorder involved a pattern of claustrophobia and panic attacks and depressed mood.  These conditions prohibited her from wearing a gas mask, which interfered with her assignment and performance of military duties.  

5.  On 9 September 1983, the applicant’s unit commander recommended that she be separated under the provisions of Army Regulation 635-200, chapter 5, paragraph 13, for personality disorder.

6.  On 13 September 1983, the applicant waived her right to counsel and acknowledged the proposed elimination action to separate her for a personality disorder under the provisions of Army Regulation 635-200, chapter 5-13, its effects, and the rights available to her.  She elected not to submit statements in her own behalf.  

7.  On 16 September 1983, the separation authority approved the separation recommendation with an honorable discharge.  

8.  On 3 October 1983, she was honorably discharged in pay grade E-4, under the provisions of Army Regulation 635-200, paragraph 5-13, for Personality Disorder.  She was credited with completing 1 year, 11 months, and 28 days of active service. Item 28 of her DD Form 214 shows "Personality Disorder."

9.  There is no evidence she was referred to a medical evaluation board or a physical evaluation board for consideration of any medical condition(s) during her period of active service.

10.  She provided documentation which shows she has received post-service medical treatment for panic attacks and anxiety at La Salle Clinic and the Affinity Medial Group.  In July 2004, she also began receiving monthly disability benefits from the Social Security Administration.


11.  The Diagnostic and Statistical Manual of Mental Disorders states a personality disorder is an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual's culture, is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and leads to distress and impairment.  

12.  Army Regulation 635-200, then in effect, chapter 5, paragraph 5-13, stated a Soldier could be separated for personality disorders (not amounting to disability) that interfered with assignment or with performance of duty, when so disposed as indicated in the Soldier's ability to perform duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who was privileged to conduct mental health evaluations for the Department of Defense components.  When it had been determined that separation under this paragraph was appropriate, the unit commander would take the actions specified in the notification procedure.  The service of a Soldier separated per this paragraph would be characterized as honorable.  There were no provisions, in effect at the time, for separating an individual for panic attacks.

13.  Army Regulation 635-200, Paragraph 5-3 stated a Soldier could be separated for the convenience of the Government based on a Secretary of the Army determination that separation was in the best interests of the Army.  

14.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), then in effect, established the Army Physical Disability Evaluation System (PDES) according to the provisions of Title 10, United States Code (USC) , Chapter 61, (10 USC 61) and Department of Defense Directive (DODD) 1332.18.  It set forth policies, responsibilities, and procedures that applied in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier was found unfit because of physical disability, the regulation provided for disposition of the Soldier according to applicable laws and regulations.  Soldiers were referred into the PDES system when they no longer met medical retention standards in accordance with Army Regulation 40-501, Chapter 3 (Standards of Medical Fitness). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the Regular Army on 6 October 1981.  She underwent a mental status evaluation, in which she was assessed and diagnosed with Claustrophobia with Panic Attacks and Adjustment Disorders with depressed mood.  The evaluating psychiatrist found the severity 
of the panic disorder, together with the severity of anxiety induced by the thought of specific therapy was such that therapy was considered to offer little possibility of success. 

2.  The evidence also shows her unit commander initiated action to separate her for a personality disorder.  She acknowledged the proposed separation action, declined to consult with counsel, waived her rights, and elected not to submit statements in her own behalf.  She was honorably discharged on 3 October 1983 for a personality disorder.

3.  After careful consideration of the applicant's discharge action it appears she was improperly discharged for a personality disorder.  None of her diagnoses fall within the provisions of Army Regulation 635-200, paragraph 5-13.  This constituted a prejudicial error in the discharge process.  As a matter of equity in this case, Item 28 of her DD Form 214 should be changed to show the narrative reason for separation was Secretarial Authority.

4.  There is no evidence her diagnosis was found to warrant discharge through medical channels.  Therefore, she is not entitled to correction of Item 28 to show "disability or temporary disability" as the reason for discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 Item 28 (Narrative Reason for Separation) of the applicant's DD Form 214 to show the reason and authority is "Secretarial Authority" under the provisions of Army Regulation 635-200, paragraph 5-3 and issuing a corrected document showing this change.  



2.  The Board further determined that 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 amending Item 28 of her
DD Form 214 to show "disability or temporary disability" as a reason for discharge.



      __________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)                                         AR20100024635



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024635



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1