IN THE CASE OF:	 

		BOARD DATE:	  1 March 2012

		DOCKET NUMBER:  AR20110016298 


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 his narrative reason for separation be changed to Secretarial Authority.

2.  He states he was involuntarily committed to a mental hospital 7 days after he was discharged from active duty.  There he was diagnosed with bipolar disorder with psychotic features.  He was not diagnosed or treated for bipolar disorder while on active duty.  He submits that in service manifestations of his current condition severely affected his conduct and ability to perform his duties.

	a.  He states he was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) at Bliss Army Medical Center.  He was prescribed dextroamphetamine for treatment of his ADHD.  He was taking this medication when he was committed to the mental hospital and continues the same dosage.

	b.  He states his narrative reason of personality disorder may affect his future employability.  He states he had no history of mental illness or personal misconduct issues.

3.  He provides:

* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 3 August 2005 through 30 March 2007
* a DA Form 2766 (Adult Preventive and Chronic Care Flowsheet)
* Department of the Army U.S. Army Intelligence Center and Fort Huachuca Orders 086-0101
* eighty plus pages of Chronological Care and other medical documents
* his administrative separation documents
* mental health evaluation documents
* his enlistment documents

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.  He enlisted in the Regular Army on 3 August 2005.

3.  His DD Form 214 shows on 30 March 2007, he was discharged, with an honorable characterization of service, in pay grade E-1, under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.  He was given a reentry code of 3 and a separation code of JFX (involuntary discharge under the provisions of Army Regulation 635-200, paragraph 5-13).

4.  A memorandum, dated 18 October 2006, and another memorandum dated 7 February 2007, show his commander was referring him for a routine mental evaluation based on his behavior and/or verbal expressions.

5.  A DA Form 2808 (Report of Medical Examination), dated 2 February 2007, shows he was currently in the process of being administratively discharged due to an adjustment disorder and anger episodes.  The form also showed he was involved with behavioral medicine for anger management.

6.  A DA Form 3822-R (Report of Mental Evaluation) shows he was evaluated on 20 February 2007 by a licensed psychologist.  The examiner indicated the applicant had the mental capacity to understand and participate in the proceedings.  The results of this evaluation show he was diagnosed with:  an adjustment disorder with disturbance of emotions and conduct; personality disorder - not otherwise specified (paranoid and schizoid features); and gout and hypertension.
7.  On 8 March 2007, the applicant's commander notified him that he was recommending his discharge under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13, for the reason of his diagnosis with an adjustment disorder with disturbance of emotions and conduct and a personality disorder not otherwise specified (paranoid and schizoid features).  Since that time he had not been able to rehabilitate himself and thereby would not become a satisfactory Soldier in the U.S. Army.  The commander stated he was recommending the applicant be given a general discharge.

8.  The commander advised the applicant of his right to:

* consult with counsel
* submit statements in his own behalf
* obtain copies of documents that would be sent to the separation authority
* waive the above rights in writing

9.  On 9 March 2007, the applicant acknowledged that he had been advised by counsel of the basis for the contemplated action to separate him because of an adjustment disorder with disturbance of emotions and conduct and a personality disorder not otherwise specified (paranoid and schizoid features) under the provisions of Army Regulation 635-200, paragraph 5-13, and its effect; of the rights available to him; and the effect of any action taken by him in waiving his rights.

10.  He submitted a statement in his own behalf for consideration.  He stated he was formally counseled by his commander on 8 March 2007 that he was being recommended for administrative separation.  He admitted he was suspicious of people and detailed the loss of his law enforcement career, the loss of his father, and his divorce prior to entering the military.  He asked that he be allowed to remain in the military and work towards repairing his emotional health and becoming socially adept.

11.  The appropriate authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder and directed the applicant be furnished an honorable discharge.

12.  His DD Form 214 shows that on 30 March 2007 he was given an honorable discharge under the provisions of Army Regulation 635-200, paragraph 5-13, with a narrative reason for separation of personality disorder.  He had completed 1 year, 7 months, and 28 days of active service.

13.  He provided North Carolina Department of Human Resources Division of Mental Health records of his admission on 7 April 2007.  The records stated his problems included bipolar disorder, hypertension, gout, and amphetamine abuse.  These records also show he stated that he had been diagnosed with attention activity disorder in 1995 and had been on Dexedrine for several years.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty.  This 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 psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the Department of Defense components.  Separation because of 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.  

15.  Army Regulation 635-200, chapter 5, contains policies and procedures for voluntary and involuntary separation for the convenience of the Government.  Paragraph 5-3 contains guidance on separation under Secretarial plenary authority.  It states that separation under this paragraph is the prerogative of the Secretary of the Army.  Secretarial plenary separation authority is exercised sparingly and seldom delegated.  Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army.  Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was evaluated by a clinical psychologist who made a valid determination that he had a personality disorder.

2.  He was discharged by reason of a personality disorder.  The evidence of record confirms 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 protected throughout the separation process.  

3.  He was diagnosed with bipolar disorder with psychotic features soon after he was discharged from active duty.  He was diagnosed with personality disorder and ADHD while on active duty.  Additionally, based on his statement at the mental hospital he was diagnosed with attention activity disorder several years before he entered the military.  He has not shown he had in-service manifestations of his current condition; or if he had, how such manifestations severely affected his conduct and ability to perform his duties as opposed to his personality disorder and ADHD.  

4.  Secretarial plenary separation authority is exercised sparingly.  Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army.  There is no evidence of error in his assigned reason for separation.  As such, there is no basis to change his reason for separation to Secretarial Authority.  

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)                                         AR20110016298



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016298



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1