IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003717 


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 removal of all records from his official military personnel file (OMPF) of him having a mental illness/personality disorder.

2.  The applicant states he was misdiagnosed with a psychiatric/personality disorder.  It was a convenient way to conduct early discharges during the drawdown of the 1990's.  This misdiagnosis has harmed and continues to sabotage his career.

3.  The applicant provides no additional documentation.

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 enlisted in the Regular Army on 6 May 1993 and he held military occupational specialty (MOS) 73C (Finance Specialist).  He was assigned to the 176th Finance Battalion, Seoul, Korea, on 28 January 1994.

3.  On 12 May 1994, he was counseled by his supervisor on a DA Form 4856-R (General Counseling Form).  His supervisor stated [the applicant] felt that because of his age and many years of civilian education he should be treated like a pedigree instead of a Soldier.  The applicant did not seek knowledge of his MOS because he felt he did not belong [in the unit] but that he should work as a doctor.  The supervisor further stated the applicant needed professional counseling.

4.  On 13 May 1994, he was counseled by his supervisor for intentionally failing the Army Physical Fitness Test (APFT) as a way to get out of the Army.  The counseling form indicated he would be retested on the APFT in 90 days and if he intentionally failed the test again he would be recommended for discharge.

5.  On 16 May 1994, he was counseled by his supervisor for missing formation.  The counseling form indicated the applicant had been telling Soldiers in the barracks that he was going to miss formations, be late for work, and show disrespect to noncommissioned officers.

6.  On 17 May 1994, he was referred by his commander for a mental status evaluation to determine the applicant's emotional suitability for retention on active duty.

7.  On 17 May 1994, he received a mental status evaluation at the 121st General Hospital, Seoul, Korea.  He was diagnosed as having a "Personality Disorder, with borderline paranoid and schizotypal features."  He was found to have no evidence of a medically disqualifying psychiatric condition that would indicate disposition through medical channels.

8.  The examining psychiatrist noted that the applicant seemed discontent with military service and he was increasingly becoming a discipline problem.  He further stated that the applicant had stated he had been in private practice as a chiropractor for several years and he could no longer tolerate what he perceived as the indignities of lower ranking enlisted life.  Based on clinical data obtained from personal interview findings, [the applicant] had a personality problem manifested by a deeply ingrained pattern of maladaptive behavior of long standing.


9.  On 15 June 1994, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
5-13, for a personality disorder.  The specific reasons noted were the results of the mental status evaluation.  The applicant was notified he was being recommended for an honorable discharge.

10.  On 16 June 1994, he acknowledged notification of his proposed discharge from the Army.  On the same date, he waived consideration of his case by an administrative separation board, waived representation by legal counsel, and elected not to submit a statement in his own behalf.

11.  On 6 July 1994, he received an honorable discharged.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph
5-13, by reason of a personality disorder.  He completed 1 year, 2 months, and 1 day of creditable active service.

12.  The mental status evaluation and all allied documents related to his discharge are filed in his OMPF.

13.  Army Regulation 635-200, paragraph 5-13, states, in pertinent part, that a Soldier may be separated for a personality disorder (not amounting to disability) that interferes with assignment to or performance of duty when the diagnosis is of behavior of long duration that interferes with the Soldier's ability to perform duty and the diagnosis is established by a physician trained in psychiatry and psychiatric diagnosis, or is a licensed clinical psychologist.  Soldiers separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status.

14.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies and mandated operating tasks for the Military Personnel Information Management/Records Program of the Military Personnel System.  Chapter 2 provides detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file.  Documents will not be removed from a fiche or moved to another part of the file unless directed by an appropriate authority.  Case files for approved separations are filed with allied documents in the OMPF.


DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 6 May 1993 through 6 July 1994.  During his military service, he underwent a mental status evaluation that diagnosed him as having a personality disorder manifested by a deeply ingrained pattern of maladaptive behavior of long standing.  

2.  Accordingly, his commander initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 5-13.  All requirements of law and regulation were met, and his rights were fully protected throughout the separation process.  His separation packet, together with allied documents, is filed on his OMPF.

3.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, and duty performance throughout his/her service.  Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from the OMPF unless directed by an appropriate authority.

4.  The Army has an interest in maintaining the accuracy of its records.  The information in those records must reflect the conditions/circumstances that existed at the time the records were created.  As required by the applicable regulation, the mental status evaluation and all documents related to his discharge are properly filed in the applicant's OMPF.  There does not appear to be an error or an injustice.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20110003717



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ABCMR Record of Proceedings (cont)                                         AR20110003717



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