IN THE CASE OF:	  

		BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110004928 


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 that the narrative reason for separation be changed to medical. 

2.  The applicant states the change should be made because he was released from active duty from a medical facility.

3.  The applicant provides no supporting 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 under the Delayed Entry Program on 27 April 1979 and entered active duty 13 days later on 10 May 1979.
3.  On 9 April 1979, prior to entry onto active duty, the applicant received a psychiatric evaluation.  The attending physician reported that he had seen the applicant once the previous year for multiple family problem, anxiety, and depression.  He was placed on medication for schizoid personality disorder [emphasis added].  Attached to the report was a copy of the 1978 treatment report which included a history of a 1 November 1977 hospitalization for a suicidal gesture, overdose of prescription medication. Despite the schizoid personality disorder diagnosis the doctor opined that the applicant had a reasonable chance of being successful in the Army.

4.  On 15 May 1979, the applicant was hospitalized for emotional instability and suicidal ideations.  During the mental health examination the applicant reported a suicide attempt two years prior to his enlistment and that he was under the medical care at the time of enlistment.  The attending physician determined that the applicant was not medically qualified for service and recommended an expedited separation. 

5.  On 24 May 1979, his command initiated separation proceedings under Army Regulation 635-200, paragraph 5-33 (Trainee Discharge Program).  

6.  The separation authority approved the discharge on 30 May 1979.

7.  The applicant was discharged on 1 June 1979 with 22 days of creditable service, under Army Regulation 635-200, paragraph 5-33 (Trainee Discharge Program).

8.  Army Regulation 40-501 (Standards of Medical Fitness) provides for the medical fitness standards for enlistment, induction, and appointment.  Chapter 3 provides the various medical conditions and physical defects that render individuals unfit for service.  Personality disorders render individuals administratively unfit rather than unfit due to physical disability and may be disqualifying for induction.

9.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for separation of enlisted personnel.  It provides the following:

	a.  chapter 5 (the Trainee Discharge Program), as in effect at the time, provided for the administrative separation of individuals who had demonstrated, during the first 180 days of training, that they lacked the necessary motivation, discipline, aptitude, or ability to become effective Soldiers; and

	b.  paragraph 5-33, provided for the administrative separation of individuals who had demonstrated, during the first 180 days of training, a physical or mental conditions not amounting to disability under Army Regulation 40-501 that potentially interfere with assignment to or performance of duty.  Such conditions may include, but are not limited to disorders manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.

10.  Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the change to his discharge should be made because he was released from active duty from a medical facility.

2.  The command to which a Soldier is assigned at the time of separation has no bearing on their medical status.  

3.  The applicant is shown to have entered active duty with a history of a personality disorder.  Within 5 days of entry, he was removed from his basic training unit due to emotional instability and a stated intent to commit suicide if not discharged.

4.  The applicant was discharged under the Trainee Discharge Program for a personality disorder not for a mental, physical, or medical condition warranting disability review and processing.  The applicant has provided no evidence that this determination was in error or unjust.  

5.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

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)                                         AR20110004928





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ABCMR Record of Proceedings (cont)                                         AR20110004928



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