BOARD DATE:	  17 November 2011

		DOCKET NUMBER:  AR20110011536 


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 that the narrative reason for his discharge be changed to a more favorable reason and to be granted a personal appearance before the Board.

2.  The applicant states, in effect, that after 20 years of fighting with the military, it has been discovered by the Department of Veterans Affairs (VA) that he was improperly diagnosed with a "schizoid personality disorder" and he has never had this disorder.  Accordingly, he would like the label of having a "personality disorder" removed from his records.

3.  The applicant provides a one-page letter explaining his application, six pages of documents related to his request for a transfer, one page of VA Progress Notes, a copy of a previous application to the Board, and two third-party letters of support.

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 enlisted in the Regular Army on 11 December 1980 for a period of 3 years.  He completed one-station unit training as an infantryman at Fort Benning, Georgia, and was transferred to Fort Campbell, Kentucky, for his first and only duty assignment.  He was promoted to pay grade E-5 on 19 June 1983.  On 19 October 1983, he reenlisted for a period of 4 years and a selective reenlistment bonus.  He was promoted to pay grade E-6 on 16 January 1986.

3.  On 30 May 1986, he underwent a mental status evaluation which indicated he was mentally responsible, able to distinguish right from wrong, and mentally competent to participate in board proceedings.  The examining psychiatrist also indicated the applicant was experiencing an adjustment reaction to the reasonable demands of military service and the applicant did not possess the essential characterologic [sic] and emotional strength necessary to continue to be an effective Soldier.  The psychiatrist recommended that the applicant be considered for administrative action deemed appropriate by the command, to include separation from military service.

4.  The applicant underwent a medical/physical examination on 12 July 1986 and was found fit for retention.  

5.  On 28 July 1986, the applicant's commander notified him that he was initiating action to discharge him under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.  The commander's recommendation was based on the results of his psychiatric evaluation, the sudden downward trend in the applicant's job performance, and actions which indicated he could not be rehabilitated for productive military service. The applicant was counseled and advised of the basis for the separation action and the rights available to him.

6.  The appropriate authority approved the recommendation for discharge on 1 August 1986 and directed issuance of an Honorable Discharge Certificate.

7.  Accordingly, he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.  He completed 5 years, 7 months, and 27 days of active service.

8.  The applicant applied to this Board requesting to be restored to active duty with credit for time lost as a result of his discharge, promotion to the next higher grade, a change of his reentry eligibility code and all back pay and allowances.  The Board denied his request on 15 January 1997.  He again applied to the Board for reconsideration and on 4 March 1999 his request was administratively denied.

9.  The VA Progress Notes provided by the applicant indicates it is not a medical opinion and no mental health diagnoses were identified.

10.  Army Regulation 635-200, paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states a Soldier may be separated for personality disorders that interfere with assignment to or performance of duty.  The diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired.

11.  Army Regulation 635-200, paragraph 5-17, currently in effect, provides for the separation of Soldiers who have a physical or mental condition that potentially interferes with assignment to or performance of duty; however, the physical or mental condition does not amount to a disability or qualify for disability processing under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation).  Paragraph 5-17 was not in effect at the time of the applicant’s discharge.

12.  Army Regulation 635-200, chapter 13, in effect at the time, established policy and provided guidance for eliminating enlisted personnel for unsatisfactory performance and who were unsuitable for further military service.  An individual could be separated for unsatisfactory performance if it was determined that the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier.  A discharge under honorable conditions is normally considered appropriate.

13.  Army Regulation 15-185 governs operations of the ABCMR.  Paragraph 2-11 of this regulation states that applicants do not have a right to a hearing before the ABCMR.  The regulation provides that the Director of the ABCMR or the ABCMR may grant a formal hearing before which the applicant, counsel, and witnesses may appear whenever justice requires.  

DISCUSSION AND CONCLUSIONS:

1. Based upon the facts in this case and the evidence provided, it was determined no formal hearing was required.

2.  Notwithstanding that the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder, there is no evidence in the available records to show he was in fact diagnosed with a personality disorder.  

3.  The applicant was diagnosed as having an adjustment disorder, which does not qualify as a personality disorder within the meaning of the applicable regulations.

4.  Based on the circumstances in this case, it appears the applicant should have been processed for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  However, since the chain of command failed to do so at the time, it would be inappropriate to do so at this time because a discharge under chapter 13 normally results in a discharge under honorable conditions and it would amount to a denial of the applicant procedural due process rights.

5.  Therefore, in the interest of equity, the applicant’s discharge should be corrected to show that he was discharged under the provisions of Army Regulation 635-200, paragraph 5-3, due to Secretarial Authority, with a separation code of “JFF.”

BOARD VOTE:

__x___  _x_______  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a new DD Form 214 showing he was discharged under the authority of Army Regulation 635-200, paragraph 5-3, Secretarial Authority, with a separation code of “JFF.”

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      __________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)                                         AR20110011536



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ABCMR Record of Proceedings (cont)                                         AR20110011536



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