IN THE CASE OF:
BOARD DATE: 1 November 2011
DOCKET NUMBER: AR20110008121
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 reconsideration of her previous request that her separation code be changed. She also requests that her separation authority and narrative reason for separation be changed.
2. The applicant states:
* she was chaptered out of the Army instead of being medically boarded
* she was forced to sign papers without reading them
* she did not get any legal representation
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009308 on 14 November 2007.
2. The applicant enlisted in the Regular Army on 20 September 2005. She completed training as a military police (MP).
3. On 10 October 2006, the applicant was counseled and was told she was being considered for administrative separation under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 5-13 (personality disorder), not amounting to disability. She was told that a deeply ingrained maladaptive pattern of behavior of long duration had interfered with her assignment or with her performance of duty. She was also told the following:
* she was rehabilitatively transferred to the 2nd Platoon, 977th MP Company on 15 August 2006
* she was counseled on 26 August 2006 for taking her duty pistol into her barracks room
* she was counseled on 7 September 2006 for ignoring a noncommissioned officer's order to take her tongue ring out while on duty and in uniform
* she should seek counseling at the Community Mental Health Services for her personal issues to help with her rehabilitation which began 11 September 2006
* she was diagnosed with an adjustment disorder with depressed mood on 3 October 2006
4. She acknowledged receipt of her counseling on 16 October 2006.
5. The applicant accepted nonjudicial punishment, on 25 October 2006, for balling her hands into a fist while she was being corrected by a noncommissioned officer and for failure to obey a lawful order to remove her tongue ring.
6. The applicant was notified that she was being recommended for discharge for a personality disorder that interfered with assignment or with performance of duty. The commander cited her diagnosis of adjustment disorder with depressed mood and asthma as the basis for his recommendation. She acknowledged receipt of the notification and she acknowledged she had been afforded the opportunity to consult with appointed counsel. She elected not to submit a statement in her own behalf.
7. The appropriate authority approved the recommendation on 14 December 2006 and directed the issuance of an Honorable Discharge Certificate. She was
honorably discharged on 20 December 2006. On the DD Form 214 she received item 25 (Separation Authority) shows Army Regulation 635-200, chapter 5-13, item 26 (Separation Code) shows JFX, and item 28 (Narrative Reason for Separation) shows personality disorder.
8. The applicant's mental status evaluation is not filed in her official military personnel record.
9. On 14 November 2007, the ABCMR denied the applicant's request for a change of her separation code.
10. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 at the time provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that interfered with assignment to or performance of duty. The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty. The regulation also required that the diagnosis concluded the disorder was so severe that the Soldiers ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under Army Regulation 635-40.
11. Army Regulation 635-200, paragraph 5-17 provides that specific commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability (Army Regulation 63540) and excluding conditions appropriate for separation processing under paragraph 511 or 513 that potentially interfere with assignment to or performance of duty. Such conditions may include, but are not limited to:
* Chronic airsickness
* Chronic seasickness
* Enuresis
* Sleepwalking
* Dyslexia
* Severe nightmares
* Claustrophobia
* Transsexualism/gender transformation in accordance with Army Regulation 40-501, paragraph 3-35
* Other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldiers ability to effectively perform military duties is significantly impaired
12. Army Regulation 635-5-1 (SPD Codes) prescribes the specific authorities (regulatory, statutory, or other directives) and reasons for the separation of members from active military service and the SPD code to be used for these stated reasons. SPD code JFX applies to persons who are discharged for personality disorder. SPD code JFV applies to persons who are discharged for a physical condition, not a disability.
13. Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-36 (Adjustment disorders), states situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. There is no evidence of record showing she forced to sign any documents. She acknowledged she was counseled regarding her proposed separation and that she was afforded the opportunity to consult with counsel.
3. The applicant did not have any medically unfitting disability which required physical disability processing. She had been diagnosed with an adjustment disorder. Therefore, there is no basis for physical disability retirement or separation.
4. Her mental status evaluation is not filed in her official military personnel record. Army Regulation 635-200, paragraph 5-13 provides for the separation of individuals due to personality disorder. However, based on the available record, she was not diagnosed with a personality disorder.
5. The available records show she was diagnosed with an adjustment disorder with depressed mood and asthma. Based on the foregoing, she should have been discharged under the provisions of Army Regulation 635-200, paragraph 5-17, due to other physical or mental conditions not amounting to disability.
6. The SPD code on her DD Form 214 is incorrect and should show JFV instead of JFX, based on the correct narrative reason for her separation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant partial relief.
2. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20070009308, dated 14 November 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding her DD Form 214 dated 20 December 2006 and issuing her a new DD Form 214 showing:
* Item 25 Army Regulation 625-200, paragraph 5-17
* Item 26 JFV
* Item 28 Other Physical or Mental Conditions not Amounting to Disability
3. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting her records to show she was processed for discharge through medical channels.
_______ _ _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) AR20110008121
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ABCMR Record of Proceedings (cont) AR20110008121
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