IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110008462 


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 rank and grade to show private first class (PFC)/E-3 instead of private (PV1)/E-1 and a change to the narrative reason for his separation.

2.  The applicant states:

	a.  having obtained a college degree in 1997, his recruiter told him he would enter the Army in the rank of PFC, but he did not;

	b.  he was paid $887.00 a month as a PV1 and should have been paid $1,117.80 as a PFC, leaving a debt of the difference owed to him totaling $1,150.50;

	c.  based on misinformation overheard by another Soldier, his drill sergeant sent him to see a captain where, after one brief meeting, it was wrongfully concluded he had a personality disorder which is totally untrue;

	d.  he was told he would receive an entry-level separation (ELS), not an uncharacterized discharge; and

	e.  his discharge was supposed to convert to an honorable discharge and it did not.


3.  The applicant provides:

* a self-authored statement
* college degree 
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Congressional letter
* State of New York Division of Veterans' Affairs letter
* National Personnel Records Center (NPRC) letter

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 record shows he enlisted in the Regular Army on 15 November 1999 in the rank of PV1.  The DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) completed during his enlistment processing shows his rank and grade as PV1/E-1 and he authenticated this document on page 3 verifying the information thereon.  His enlistment documents indicate he indicated he had an associates degree.  His high school diploma is filed with his enlistment contract; his college transcripts/degree is not.

3.  While attending basic combat training at Fort Knox, Kentucky, the applicant was counseled on seventeen separate occasions between the period 24 November 1999 and 10 February 2000 for the following:

* failure to pay attention during the nuclear, biological, and chemical class and to keep pace with the company in taking apart his mask
* failure to keep pace with other Soldiers in basic combat training (BCT) – couldn't follow simple instructions
* failure to maintain proper personal hygiene habits
* failure to comprehend drill and ceremony instructions
* failure to maintain living space
* failure to comprehend Manual of Arms Techniques
* strange behavior
* failure to complete the confidence course
* lack of motivation
* failure to shave
* improper wear of uniform
* failure to report in proper uniform
* failure to follow range instructions
* failure to properly display footgear
* poor performance and recommendation for separation

4.  Based on his performance and difficulty adjusting to BCT, the applicant's commander referred him to the Behavioral Medicine Clinic to have psychological testing.  He was evaluated on 31 January 2000 and the examining psychiatrist rendered a diagnosis that included "personality disorder."

	a.  The "History of Presenting Problem" section shows he was first seen due to problems "fitting in" during BCT and thoughts of self-harm in November 1999 and as a self-referral in January 2000 for feelings of depression and hopelessness related to a back injury and difficulty completing training.

	b.  The "Mental Status Exam" section shows:

* he was cooperative throughout the examination, but responded in a dull and slow manner to questions and directions
* his thought processes were clear, linear, and goal directed
* he had no evidence of visual or auditory hallucinations or delusions
* his attention, concentration, and memory were intact
* his mood was frustrated
* he denied suicidal or homicidal ideation, intent, or plan and based on history and current presentation, his risk for self-harm was low
* he indicated he was not taking any medications

	c.  The examining psychologist indicated the applicant appeared to suffer from a long-standing problematic personality pattern that interfered with his ability to function both socially and occupationally.  She indicated it was unlikely the applicant would overcome his problem to be able to successfully complete BCT and recommended his discharge from military service in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13.

5.  The applicant's unit commander notified him that he was initiating action to separate him based on his diagnosed personality disorder under the provisions of paragraph 5-13, Army Regulation 635-200.  He recommended the applicant receive an ELS.

6.  The applicant acknowledged receipt of the separation notification and completed an election of rights in which he acknowledged he had been afforded the opportunity to consult with counsel and was advised of the basis for the contemplated action to separate his for a personality disorder, its effects, the rights available to him, and the effect of any action taken by him to waive his rights.  He requested representation by counsel and elected not to submit a statement in his own behalf.

7.  On 6 April 2000, the separation authority approved the applicant's separation due to a personality disorder under the provisions of paragraph 5-13, Army Regulation 635-200, and directed that the applicant receive an ELS with an uncharacterized discharge.  On 11 April 2000, the applicant was discharged accordingly.

8.  The DD Form 214 issued to the applicant upon his separation confirms he was honorably separated on 11 April 2000 in the rank of PV1/E-1 under the provisions of paragraph 5-13, Army Regulation 635-200, after completing 4 months and 27 days of active military service.  Item 26 (Separation Code) lists the separation program designator (SPD) code "JFX," item 26 (Reentry Code) contains the entry "3," and item 28 (Narrative Reason for Separation) lists the reason for his separation as "personality disorder."

9.  The applicant provides a copy of his associate's degree in Criminal Justice-Police received on 15 January 1997 from the Dutchess Community College.  He also provides letters from his Congressional representative, State of New York Division of Veterans' Affairs, and NPRC which show his previous attempts made to correct his records regarding his entry grade, narrative reason for separation, and the characterization of his discharge.

10.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes eligibility criteria for enlistment in the Army.  Chapter 2 provides the policy for enlistment period and pay grades.  Paragraph 2-18 provides guidance on enlistment grades and states applicants with an associate's degree will be enlisted in pay grade E-3 without regard to the number of semester or quarter hours completed.

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  The regulation defines ELS for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service.
12.  Paragraph 3-7 of Army Regulation 635-200 contains guidance on the types of administrative discharges/character of service.  It states that a separation will be described as entry-level with service "uncharacterized" if processing is initiated while a Soldier is in an ELS.

13.  Army Regulation 635-200, paragraph 5-13, provides that a Soldier may be separated for a personality disorder not amounting to disability which interferes with assignment to or performance of duty.  The regulation requires that the condition is a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty.  It further specifies that the service of Soldiers separated under this provision will be characterized as honorable unless an ELS is required under chapter 3.

14.  Army Regulation 635-5-1 (Separation Program Designator 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.  The SPD code of JFX is the appropriate code to assign to Soldiers separated by reason of a personality disorder under the provisions of paragraph 5-13, Army Regulation 635-200.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant's discharge states the grade held by the individual at the time of separation will be entered on the separation document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his record should be corrected to show he enlisted in the rank of PFC/E-3, the narrative reason for his separation changed to show "ELS" instead of "personality disorder," and to show he received an honorable discharge.

2.  The applicant provides a copy of the associate's degree dated in 1997 with this application.  The applicant's enlistment contract shows that he indicated he had graduated from the Dutchess Community College.  However, there is no evidence showing that he had provided this document at the time of his enlistment.   


3.  The evidence of record as reflected on the DD Form 4 prepared during his enlistment processing confirms he enlisted in the Army in the rank of PV1/E-1 and he signed this document confirming the information thereon.  It appears he accepted enlistment as an E-1 rather than wait to provide verification of his college attendance.  This is the rank and grade he held on the date of his discharge as shown on his DD Form 214. Therefore, there is no basis to correct his record to show he entered active duty in the rank and grade of PFC/E-3 or to provide him any back pay due as a result.

4.  By regulation, members may be separated under the provisions of paragraph 5-13, Army Regulation 635-200, if they suffer from a personality disorder not amounting to disability which interferes with assignment to or performance of duty.

5.  The evidence of record confirms the applicant was properly evaluated and diagnosed with a personality disorder by a qualified psychologist based on a long-standing problematic personality pattern that interfered with his ability to function both socially and occupationally.  Accordingly, the applicant's record appropriately lists this as the narrative reason for his separation.

6.  In response to the applicant's claim his uncharacterized discharge was supposed to be changed to an honorable discharge, the U.S. Army does not now have nor has it ever had a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant requests a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  In this case, he was separated from the Army with less than 180 days of service while in an ELS and he appropriately received an uncharacterized discharge as a result.

7.  The applicant's separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

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 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)                                         AR20110008462



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ABCMR Record of Proceedings (cont)                                         AR20110008462



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