BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110010933
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 an earlier request to change his narrative reason for separation.
2. In a letter, dated 8 May 2011, the Director of MeadowHaven (long term transitional facility for individuals who have experienced severe trauma) in Lakeville, MA states:
a. the applicant was a resident of MeadowHaven from 2008-2009.
b. he was given the Millon Clinical Multiaxial Inventory-III in September 2008 and his Axis I diagnoses were major depression, generalized anxiety disorder, and psychoactive substance abuse NOS. His Axis II diagnosis was depressive disorder.
c. it was very evident to medical authorities at MeadowHaven the applicant "was not a narcissistic personality disorder, nor did he evidence any malignant traits or features of the disorder."
d. he underwent a neuropsychological evaluation in February 2010 and he was diagnosed with Asperger's Disorder. Depending upon the severity of the disorder, Asperger's can make it very difficult for an individual to navigate the social environment.
3. The applicant provides:
* Letter, dated 8 May 2011, from the Director, MeadowHaven
* Neuropsychological evaluation and progress notes
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 AR20100023951, on 24 March 2011.
2. The letter from the Director, MeadowHaven, the neuropsychological evaluation, and progress notes are new evidence that will be considered by the Board.
3. The applicant enlisted in the Regular Army on 29 July 2003 for a period of 4 years. He completed his training and was awarded military occupational specialty 91W (Health Care Specialist). He served in Kuwait/Iraq from
22 January 2005 to 26 October 2005.
4. On 8 September 2005, he underwent a mental health evaluation and the clinical psychologist diagnosed him with:
* Axis I - obsessive compulsive disorder, drug abuse by history
* Axis II - schizotyphal personality disorder with narcissistic personality traits
* Axis III - heat exhaustion by patient report
* Axis IV - occupational and interpersonal stressors
5. Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for a personality disorder were initiated on 18 September 2005. He acknowledged receipt of the separation, consulted with counsel, and elected not to submit a statement in his own behalf. On
6 October 2005, the separation authority approved the recommendation and directed that the applicant be furnished an honorable discharge.
6. On 22 November 2005, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.
7. Item 25 (Separation Authority) of the applicant's DD Form 214 shows the entry "AR [Army Regulation] 635-200, PARA [paragraph] 5-13." Item 26
(Separation Code) shows the entry "JFX." Item 28 (Narrative Reason for Separation) shows the entry "PERSONALITY DISORDER."
8. 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, not amounting to a 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. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.
9. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD codes to be used for these stated reasons. The regulation states the reason for discharge based on SPD code JFX is personality disorder and the regulatory authority is Army Regulation 635-200, paragraph 5-13.
DISCUSSION AND CONCLUSIONS:
1. The neuropsychological evaluation and progress notes were carefully considered. The MeadowHaven Director's contention that during the applicant's stay at MeadowHaven in 2008-2009 he was not a narcissistic personality disorder nor did he evidence any malignant traits or features of the disorder was also noted. However, in the absence of evidence to the contrary, it is presumed the applicant was properly diagnosed with schizotyphal personality disorder with narcissistic personality traits by competent and appropriate military medical authorities in 2005.
2. The narrative reason for separation used in the applicants case is correct and was applied in accordance with the applicable regulations.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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 to amend the decision of the ABCMR set forth in Docket Number AR20100023951, dated 24 March 2011.
_______ _ 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.
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