IN THE CASE OF:	

		BOARD DATE:	  13 December 2011

		DOCKET NUMBER:  AR20110010784 


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 and separation code shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he suffered from situational depression as the result of a bad marriage and was never diagnosed with a personality disorder.  The applicant feels the narrative reason given to him was undeserving and now hinders his ability to reenlist in the Army National Guard.

3.  The applicant provides:

* a self-authored statement
* DD Form 214
* DA Form 638-1 (Recommendation for Award)
* Certificate of Achievement
* Certificate of Merit for Safety
* four letters of support and/or reference

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 prior service in the U.S. Army Reserve, the applicant's records show he enlisted in the Regular Army on 2 December 1992 and held military occupational specialty 88M (Motor Transport Operator).  The highest rank/pay grade he attained during his military service was specialist (SPC)/E-4.  

3.  On 12 October 1995, he underwent a mental status evaluation at his commander's request.  The military psychiatrist remarked that his behavior was appropriate, mood and affect moderately depressed, and thinking processes logical and linear.  The applicant’s thought content was appropriate and there was no active suicidal or homicidal ideation, and his memory was intact.  His diagnosis was as follows:

* Axis I:  Adjustment Disorder with Depressed Mood
* Axis II:  Deferred
* Axis III:  No Active Illness

4.  On 4 December 1995, he underwent another mental status evaluation as part of pre-separation processing.  The military psychiatrist remarked that his behavior was appropriate, mood and affect mildly anxious, and thinking processes logical.  His thought content was notable for persistent worry about his family’s ability to understand his problems and there was no current suicidal or homicidal ideation, and his memory was intact.  His diagnosis was as follows:

* Axis I:  Adjustment Disorder with Depressed Mood
* Axis II:  Personality Disorder Not Otherwise Specified
* Axis III:  No Active Illness

	a.  The psychiatrist noted he was initially referred to Division Mental Health Services in October 1995 subsequent to two suicide gestures precipitated by ongoing interpersonal and financial stressors.  At that time the applicant related a history of difficulty coping with stress and criticism that had resulted in suicidal gestures in the past.  A decision was made to initiate supportive psychotherapy as well as to continue marital counseling with the chaplain.  Despite ongoing support from these and other channels, the applicant continued to feel overwhelmed at times by the burdens of his family and has continued to demonstrate impulsive behavior which he noted was directed at “getting my family to understand.”  He has recently been psychiatrically hospitalized in Heidelberg for a suicidal gesture.

	b.  The psychiatrist opined he met the criteria for Personality Disorder, as this condition was a deeply ingrained, maladaptive pattern of behavior of long duration which interferes with his ability to perform his duties.  The psychiatrist further opined it was highly unlikely that continued efforts in counseling, rehabilitation, and disciplinary action would resolve this completely.  Past history indicated the applicant was likely to react to stress with impulsive and potentially self-injurious behavior.

	c.  The psychiatrist opined he had no psychiatric disease which warranted disposition through medical channels, was cleared for any administrative or judicial action deemed appropriate by the command, and that administrative separation under the provisions of Army Regulation 635-200 (Enlisted Separations), paragraph 5-13 would be warranted.

5.  On 6 December 1995, his immediate commander notified him of his intent to initiate separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder with an honorable discharge.

6.  On 13 December 1995, 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 paragraph 5-13 of Army Regulation 635-200.  He elected not to submit a statement. 

7.  On 13 December 1995, his immediate commander initiated separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  The commander remarked past history indicated the applicant was likely to react to stress with impulsive and potentially self-injurious behavior.  His conduct was prejudicial to the good order and discipline in the unit and his discharge would be in the best interest of the U.S. Army.

8.  On 18 December 1995, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200 and directed he be issued an Honorable Discharge Certificate.

9.  On 12 February 1996, he was discharged accordingly.  His DD Form 214 shows he completed 3 years, 2 months, and 11 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"

10.  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 personality disorder, 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 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.

11.  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 paragraph 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 and SPD code should be corrected.

2.  The evidence of record shows he underwent mental status evaluations and the psychiatrist opined he met the criteria for Personality Disorder and it was likely he would continue to present with emotional and behavioral difficulties that reflect a long-standing pattern of difficulties.  Given that the applicant admitted to having had a history of difficulty coping with stress and criticism that had resulted in suicidal gestures in the past, it appears that the diagnosis was appropriately rendered.  Accordingly, he was separated under the provisions of paragraph 5-13 of Army Regulation 625-200.

3.  The evidence of record shows his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors which would have jeopardized his rights.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall record of military service.  

4.  The applicant's narrative reason for separation was assigned based on the fact that he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  Absent this condition, there was no fundamental reason to process him for a discharge.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code is "Personality Disorder."  Therefore, he received the appropriate narrative reason for separation.

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)                                         AR20110010784



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ABCMR Record of Proceedings (cont)                                         AR20110010784



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