IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110003941 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a more favorable narrative reason for separation that will allow him to receive veterans benefits.

2.  The applicant states, in effect, that he was discharged because of a personality disorder and while he had problems when he went into the Army, the Army made his condition worse.  He goes on to state that he received an honorable discharge; however, because he was discharged with a personality disorder he cannot get the veterans benefits he so badly needs.

3.  The applicant provides a 3-page handwritten letter explaining his application.

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 was born on 11 December 1959 and he enlisted in the Regular Army with a moral waiver in Beckley, WVA on 1 May 1984 for a period of
4 years.  He completed his one-station unit training (OSUT) at Fort Leonard Wood, MO and he was awarded military occupational specialty 62J (general construction equipment operator).  He was transferred to Fort Campbell, KY on 13 September 1984 for his first and only duty assignment.

3.  On 11 July 1985, the applicant was diagnosed by the Division psychiatrist as having a personality disorder.  On 25 July 1985, the applicant’s check cashing privileges were suspended.

4.  On 8 August 1985, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, paragraph
5-13 due to a personality disorder.  He also stated that the applicant exhibited problems adapting to stress and interfacing with other Soldiers.

5.  After consulting with defense counsel, the applicant waived all of his rights and elected not to submit a statement in his own behalf.  

6.  On 9 August 1985, the appropriate authority approved the recommendation for discharge and directed the applicant be furnished an Honorable Discharge Certificate.  

7.  Accordingly, he was honorably discharged on 19 August 1985 under the provisions of Army Regulation 635-200, paragraph 5-13 due to a personality disorder.  He completed 1 year, 3 months, and 19 days of creditable active service.  Item 26 (Separation Code) of the applicant's DD Form 214 he was issued at the time shows the entry JFX.

8.  There is no evidence in the available records to show that he ever applied to the Army Discharge Review Board for a change in his narrative reason for separation within that board’s 15-year statute of limitations.

9.  Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states, in pertinent that a Soldier may be separated for a personality disorder that interfere with assignment to or performance of duty.  The diagnosis of personality disorder must have been established by a physician trained in Psychiatry and psychiatric diagnosis.  Separation because of 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.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It states that the SPD code JFX is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant’s rights.  Accordingly, the type of discharge directed and the reason therefore were appropriate under the circumstances.

2.  The applicant has failed to show through the evidence submitted and the evidence of record that he was improperly diagnosed as having a personality disorder.

3.  The Department of Veterans Affairs operates under its own laws and regulations and this Board has no authority over that agency or the benefits administered by that agency.  Additionally, the ABCMR has never changed a properly prepared record simply for the purpose of establishing an individual's eligibility for veterans or medical benefits.

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.    

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)                                         AR20110003941



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ABCMR Record of Proceedings (cont)                                         AR20110003941



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