IN THE CASE OF:	  

		BOARD DATE:	  27 July 2011

		DOCKET NUMBER:  AR20100030420 


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 narrative reason for separation to show she was discharged for depression and not a personality disorder.

2.  The applicant states item 28 (Narrative Reason for Separation) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) reads "Personality Disorder" but at no point during her military career, or any point thereafter, was she diagnosed with a personality disorder.  She contends her medical records clearly show issues with and treatment for depression.

3.  The applicant provides the following:

* Standard Form (SF) 600 (Chronological Record of Medical Care), dated 30 October 1991
* SF 93 (Report of Medical History), dated 15 November 1991
* SF 88 (Report of Medical Examination), dated 15 November 1991
* Post-service medical treatment records for the period 14 October 1993 to 30 June 2010

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 she enlisted in the Regular Army on 11 July 1990 and held military occupational specialty 98G (Voice Interceptor).  She was assigned to Company B, 344th Military Intelligence Battalion, 112th Military Intelligence Brigade, Goodfellow Air Force Base, TX.

3.  On 14 November 1991, she underwent a psychiatric evaluation at her commander's request.  The military psychiatrist diagnosed the applicant with a personality disorder- not otherwise specified.  He remarked, "It was clear that this Soldier has developed character traits that render her dysfunctional in a military setting and make her an on-going risk for AWOL and self destructive behavior.  Her testing is consistent with both her clinical mental status exam and her history, and bears out severely disordered personality traits."  He added that:

	a.  She was psychiatrically cleared for any action deemed appropriate by her command and that she met psychiatric criteria for separation in accordance with paragraph 5-13, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel);

	b.  Her problem would not respond to rehabilitation efforts nor to any treatment methods currently available in any military mental health facility; and

	c.  Recommended administrative separation under the provisions of paragraph 5-13, Army Regulation 635-200.

4.  On 20 November 1991, her immediate commander notified her of his intent to initiate separation action against her under the provisions of paragraph 5-13, Army Regulation 635-200 by reason of personality disorder with an honorable discharge.

5.  On 21 November 1991, the applicant acknowledged receipt of the notification of her pending separation action and she was subsequently advised by counsel of the basis for the contemplated action to separate her for a personality disorder under the provisions of paragraph 5-13, Army Regulation 635-200.  She elected not to submit a statement.  

6.  On 26 November 1991, her immediate commander initiated separation action against her under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder.  The immediate commander stated the applicant washed out of the 98GQB course on 21 October 1991.  During an open door session she started crying and said she wanted to go home.  She was referred for a mental health evaluation which determined she had a personality disorder and labeled her unfit for further service.  

7.  On 4 December 1991, the separation authority approved the proposed separation action against the applicant and directed she be issued an honorable discharge certificate. 

8.  On 20 December 1991, the applicant was discharged accordingly.  Her DD Form 214 shows she completed 1 year, 5 months, and 10 days of creditable active service during this period.  The following entries are also shown:

* item 25 (Separation Authority) - "PARA. 5-13, AR 635-200"
* item 26 (Separation Code) - "JFX"
* item 28 (Narrative Reason for Separation) - "PERSONALITY DISORDER"

9.  The applicant provides several post-service documents which detail her ongoing treatment for depression.  Included among these documents is a Final Compensation and Pension Exam Report, Veteran Affairs Medical Center, San Diego for Mental Disorders, dated 13 June 1994.  The report states the applicant:

   a.  Suffers from recurrent major depression, in partial remission; and
   
   b.  Developed some symptoms of depression while she was in the military and was probably misdiagnosed with a personality [disorder] although records of any diagnosis while in the military are not available to this examiner.  She did apparently have another episode of depression after being discharged from the Service, and currently is under treatment for major depression.

10.  The Diagnostic and Statistical Manual (DSM-III-R) of Mental Disorders (Third Edition Revised), published 1987, stated, Personality Disorders refer to behavior or traits that are characteristic of the person's recent and long term function since early adulthood.  The constellation of behaviors or traits causes either significant impairment in social or occupational functioning or subjective distress.  Many of the features characteristic of the various Personality Disorders, such as Dependent, Paranoid, Schizotypal, or Borderline Personality Disorder, may be seen during an episode of another mental disorder such as Major Depression.  

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states that for item 28 enter the reason for separation based on the regulatory or statutory authority.

12.  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 under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), that 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.  This regulation does not contain a specific narrative reason for depression.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her narrative reason for separation should be corrected to read "Depression."

2.  The evidence of record shows the applicant underwent a mental status evaluation at her commander's request.  It was determined that she was dysfunctional in a military setting and had self-destructive behavior.  Her testing was consistent with both her clinical mental status exam and her history, and bore out severely disordered personality traits.  She was so diagnosed by competent military medical personnel.

3.  The mere fact the applicant was diagnosed and treated for depression does not negate her diagnosis of a personality disorder.  The post-service medical documentation provided by the applicant states the applicant was "probably misdiagnosed" but admits her military medical records while in the military were not available to the examiner.  

4.  Her separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall record of military service.  

5.  The applicant's narrative reason for separation was assigned based on the fact that she was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  Absent this condition, there was no fundamental reason to process her for a discharge.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code is "Personality Disorder."  Therefore, she received the appropriate narrative reason for separation.  

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)                                         AR20100030420





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ABCMR Record of Proceedings (cont)                                         AR20100030420



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