IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110005248 


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 the narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) in order to appear before a medical review board.

2.  The applicant states after 7 years of service he was misdiagnosed with a personality disorder and discharged from service.  Since being separated from service, doctors have told him that he has “clear cut post-traumatic stress disorder (PTSD).” 

3.  The applicant provides 74 pages of Department of Veterans Affairs (DAV) medical progress notes.

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 he enlisted in the Regular Army on 5 November 1996 and held military occupational specialty 51H (Construction Engineer Supervisor).  Item 18 (Remarks) of his DD Form 214 shows he served in Iraq from 29 January through 6 August 2003.  The highest rank/pay grade he attained during his military service was staff sergeant (SSG)/E-6.  

3.  On 11 July 2003, he underwent a mental status evaluation as part of pre-separation processing.  The military psychologist indicated his behavior was passive, he was fully alert and oriented, he demonstrated a clear thinking process, and normal thought content.

	a.  The psychologist opined he met the criteria for a personality disorder with an adjustment disorder with mixed anxiety and depression; therefore, in accordance with the provisions of Army Regulation 635-200 (Personnel Separations) his unit should consider an administrative separation under chapter 5-13, as it was likely his problem would not respond to command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification) nor to any treatment methods currently available in any military mental health facility.

	b.  The psychologist noted the applicant had a chronic condition that would likely always remain untreatable despite repeated attempts at treatment.  The applicant agreed that it would be in both his and the Army’s best interests that he receive a chapter 5-13 discharge due to his liability and potential for risk to others.

	c.  The psychologist opined he possessed the capacity to participate in the process of separation and met the psychiatric criteria for separation under the provisions of chapter 5-13 of Army Regulation 635-200 and noted that the applicant met the medical retention standards as prescribed in chapter 3 of Army Regulation 40-501 (Standards of Medical Fitness) and did not warrant disposition through medical channels for a psychiatric illness.

4.  On 26 July 2003, his immediate commander notified him of his intent to initiate separation action against him under the provisions of chapter 5-13 of Army Regulation 635-200 by reason of personality disorder with an honorable discharge.

5.  On 28 July 2003, he acknowledged receipt of the notification of his pending separation action and he was subsequently advised by counsel of the basis for 


the contemplated action to separate him for a personality disorder under the provisions of chapter 5-13 of Army Regulation 635-200.  He elected not to submit a statement. 

6.  On 29 July 2003, his immediate commander initiated separation action against him under the provisions of chapter 5-13 of Army Regulation 635-200.  The commander remarked that he was diagnosed with a personality disorder with an adjustment disorder with mixed anxiety and depression which significantly impaired his capacity to adapt to and function in a military environment.  

7.  On 30 July 2003, the separation authority approved the proposed separation action against the applicant in accordance with chapter 5-13 of Army Regulation 635-200 and directed that he be issued an Honorable Discharge Certificate.

8.  On 6 September 2003, he was discharged accordingly.  His DD Form 214 shows he completed 6 years, 10 months, and 2 days of creditable active service during this period.  The form also contains the following entries:

* item 25 (Separation Authority) shows the entry "Army Regulation 635-200, paragraph 5-13"
* item 26 (Separation Code) shows the entry "JFX"
* item 28 (Narrative Reason for Separation) shows the entry "PERSONALITY DISORDER"

9.  On 24 June 2010, the applicant petitioned the Army Discharge Review Board (ADRB) to change the character and/or reason for his discharge.  On 26 August 2010, the applicant was notified by the ADRB that he was properly and equitably discharged.  Accordingly, his request to change the character and/or reason for his discharge was denied.

10.  The applicant provides medical records which show he is being treated for numerous ailments to include PTSD; however, there is no evidence that he was treated for PTSD prior to discharge.

11.  Army Regulation 635-200 provides for the separation of enlisted personnel.  chapter 5-13 provides the criteria for discharge because of a personality disorder.  It states that a Soldier may be separated for personality disorders, 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 diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a 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.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The "JFX" SPD code is the correct code for members separating under the provisions of chapter 5-13 of Army Regulation 635-200 by reason of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his narrative reason for separation should be corrected so he may appear before a medical board.

2.  The evidence shows he was diagnosed by competent medical authority with a personality disorder with an adjustment disorder with depression and mixed anxiety, which was of such severity as to interfere with him being able to adequately function in a military environment.  

3.  Accordingly, he was separated in under the provisions of chapter 5-13 of Army Regulation 635-200.  The evidence of record shows his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights.  

3.  The applicant's narrative reason for separation was assigned based on the fact that he was discharged under the provisions of chapter 5-13 of Army Regulation 635-200 for a personality disorder.  The only valid narrative reason for separation permitted under this chapter and its corresponding SPD code is "Personality Disorder."  Therefore, he was assigned the appropriate narrative reason for separation.

4.  Although the evidence submitted evidence that indicates the DVA rendered him a current diagnosis of PTSD subsequent to his discharge from the Army, there is no evidence to indicate he was suffering from PTSD at the time of discharge.  As a result, there is insufficient evidence to show he was suffering from a mentally or physically disabling condition which warranted separation processing through the Physical Disability Evaluation System.  Therefore, there is insufficient evidence to grant him the requested relief in this 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)                                         AR20110005248



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ABCMR Record of Proceedings (cont)                                         AR20110005248



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