IN THE CASE OF:	  

		BOARD DATE:	  20 October 2011

		DOCKET NUMBER:  AR20110009827 


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 "Medical" vice "Personality Disorder."

2.  The applicant states at the time of his discharge this label was put on him by the first sergeant who had no medical education to make such a claim.  He went through rough times but not because of any personality disorder.  Someone with a personality disorder could not make it through basic or advanced individual training, much less a year in Korea.  He did have some depression as his grandfather passed away during his enlistment and his grandmother was alone.  He also had some issues with his girlfriend that added to the problem.  However, after 18 years no one has ever told him he has a personality disorder, but he has been documented with attention deficit hyperactivity disorder.

3.  The applicant provided no additional 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.  Having had prior Reserve and active service, the applicant enlisted in the Regular Army on 12 April 1993 and he held military occupational specialty
13E (Cannon Fire Direction Specialist).  He was assigned to 3rd Battalion, 41st Field Artillery, 24th Infantry Division, Fort Stewart, GA.

3.  On 1 November 1994, he underwent a psychiatric evaluation at the Division Mental Health Activity, Fort Stewart.  He had been referred to the mental health clinic from the emergency room after complaining of a depressed mood.  The examining psychiatrist noted the applicant had chronic mood instability, impulsivity, multiple suicidal ideations and attempts, chronic feelings of loneliness, poor self control, and inability to adapt to stressful situations.  He was diagnosed with "Borderline Personality Disorder."

4.  The examining psychiatrist stated the applicant met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness) and he did not require a medical board.  He also stated, "The condition is a deeply ingrained maladaptive pattern of long duration which interferes with the Soldier's ability to perform duty.  The disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.  Return to duty will probably lead to a repetition of such responses as were noted prior to the evaluation.  The condition and problems presented are not amenable to further hospitalization, treatment, transfer, disciplinary action, training, or reclassification to another type of duty."  The psychiatrist strongly recommended the applicant be administratively separated as expeditiously as possible.

5.  On 8 November 1994, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
5-13, for a personality disorder.  The specific reason noted was the results of the psychiatric evaluation.  The applicant was notified he was being recommended for an honorable discharge.

6.  On 8 November 1994, he acknowledged notification of his proposed discharge from the Army.  On 15 November 1994, he consulted with legal counsel and he was advised of the basis for the contemplated separation action, 


the effect on future enlistment in the Army, and of the procedures and rights available to him.  He elected not to submit a statement in his own behalf.

7.  On 28 November 1994, the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 5-31, with service characterized as honorable.  On 6 December 1994, he was discharged accordingly.

8.  The DD Form 214 he was issued confirms he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, with a separation code of "JFX," and the narrative reason for separation as "Personality Disorder."  He completed 1 year, 7 months, and 25 days of creditable active service.

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for a personality disorder 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 it is an entry-level status separation, in which case it will be uncharacterized.  

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of "JFX" is the correct code for Soldiers separating under Army Regulation 635-200, paragraph 5-13 and "Personality Disorder" is the corresponding entry for the narrative reason for separation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was diagnosed by a psychiatrist with a personality disorder that was sufficiently severe enough to impair his ability to effectively perform his military duties.  His narrative reason for separation was assigned based on the fact that he was separated under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder.

2.  Absent this condition, there was no fundamental reason to process him for discharge.  This is the only valid narrative reason for separation permitted under 


that paragraph.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  His narrative reason for separation is correctly shown on his DD Form 214.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20110009827



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ABCMR Record of Proceedings (cont)                                         AR20110009827



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