BOARD DATE:	  5 April 2012

		DOCKET NUMBER:  AR20110019358 


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 to remove the entry “Personality Disorder” from item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests to show the spelling of his first name as "Gerod" instead of "Gerald."

2.  He states he was discharged for a personality disorder; however, after his discharge, he sought medical treatment and it was determined that he did not have this condition.  He wants his DD Form 214 to only reflect his honorable discharge, as there is no evidence of treatment for a personality disorder.  

3.  He provides:

* His DD Form 214
* A letter from a licensed psychologist

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 14 November 1998.  His 
DD Form 4 (Enlistment/Reenlistment Document) shows his first name as "Gerald."

3.  The applicant's record also contains the following forms which all depict the spelling of his first name as "Gerald" and he signed these forms using the same spelling:

* DD Form 93 (Record of Emergency Data)
* VA Form 29-8286 (Servicemen's Group Life Insurance Election)
* DA Form 428 (Application for Identification Card)

4.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 19 December 1990, shows he was examined by a psychiatrist and was diagnosed as having a mixed personality disorder, which represented a chronic, deeply ingrained, maladaptive pattern of behavior within the meaning of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-13 and Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  

5.  The psychiatrist also noted that the applicant's condition was not amenable to hospitalization, treatment, transfer, disciplinary action, retraining or reclassification within the military system.  It was unlikely that any effort to rehabilitate him into a satisfactory member of the military would be successful.  The disorder was of such severity that it significantly impaired the ability of the applicant to function effectively in a military environment.  It was recommended that he be separated administratively from military service under the provisions of Army Regulation 635-200, paragraph 5-13. 

6.  On 14 February 1991, the applicant's immediate commander notified him that he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-13, as a result of the applicant being diagnosed with a personality disorder on 19 December 1990.  

7.  On 18 February 1991, the applicant was advised by counsel of the basis for the contemplated action to separate him for a diagnosed personality disorder and its effects, of the rights available to him, and the effect of any action taken by him in waiving his rights.  He elected not to submit a statement in his own behalf.

8.  On 20 March 1991, the appropriate authority approved the recommendation and directed the applicant be issued an Honorable Discharge. 

9.  The applicant was honorably discharged on 4 April 1991.  He had completed 2 years, 4 months, and 21 days of creditable active service with no lost time.  His DD Form 214 shows the following entries:

* Item 1 (Name) – Gerald  
* Item 25 (Separation Authority) – Army Regulation 635-200, paragraph 
   5-13
* Item 28 – Personality Disorder

10.  In a 28 January 1999 letter, a licensed psychologist indicated that a complete psychological assessment had been conducted on the applicant and there were no psychological problems (including a personality disorder) that would preclude him from serving in the military or in a law enforcement agency.  

11.  His military personnel record contains a letter from the Chief, Army Review Boards Agency (ARBA) Support Division, dated 7 April 1999.  This letter shows he submitted an application to change the spelling of his first name from "Gerald" to "Gerod."  It was noted that he served his entire military career using the first name "Gerald" and that his records were correct as shown.  A certificate was prepared and entered in his official military personnel file (OMPF) which showed his requested name change. 

12.  Army Regulation 635-200, in effect at the time, provided the basic authority for the separation of enlisted personnel.  Paragraph 5-13 stated that a Soldier could be separated for a personality disorder, not amounting to disability, that interferes with assignment to or performance of duty.  The regulation required that the condition must have been a deeply ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier’s ability to perform duty.  

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  

   a.  The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

   b.  Item 1 of the DD Form 214 will contain the name taken from the Soldier's military personnel record.
   
   c.  The information in item 25 is obtained from regulatory guidance or directives authorizing the separation.  
   
   d.  Entries in item 28 are also based on regulatory guidance or other proper authority.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he does not have a personality disorder and there is no evidence of treatment for this condition while he was in the military.  

2.  His contentions have been noted; however, the evidence of record shows he was evaluated by a psychiatrist and was found to have a mixed personality disorder which was severe and significantly impaired the applicant's ability to function effectively in a military environment.  His condition was noted not to be amenable to hospitalization or treatment, but instead, required an administrative separation from the military.  

3.  The fact that he now submits documentation from a licensed psychologist who states that he does not have a personality disorder is not sufficient evidence to nullify the previous diagnosis of a personality disorder made by competent Army medical personnel at the time of his discharge.

4.  In the absence of evidence to the contrary, the applicant's administrative discharge proceedings under the provisions of Army Regulation 635-200, paragraph 5-13 were administratively correct and in conformance with applicable regulations.  

5.  The entries contained in items 25 and 28 of the DD Form 214 are obtained from Army Regulation 635-200 and/or other directives authorizing the separation.  Therefore, “Personality Disorder” is the appropriate entry for separation under the provisions of Army regulation 635-200, paragraph 5-13.

6.  The DD Form 214 is not a public document and is only disclosed at the discretion of the former service member/Soldier concerned.  The laws, rules, and regulations which govern the actions of the U.S. Army permit the entry of such data on the form when it is applicable. 

7.  His request to change the spelling of his first name from "Gerald" to Gerod" was also considered.  

8.  It appears he spelled his first name as "Gerald" at the time of his enlistment and continued to use this spelling throughout his military career as evidenced by the documents contained in his military personnel record.  As a result of his request to change his first name in 1999, ARBA filed a name change certificate in his OMPF which reflects his first name as "Gerod."  

9.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record his correct his first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

10.  In view of the foregoing, there is no basis for granting the relief he requests. 

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)                                         AR20110019358





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ABCMR Record of Proceedings (cont)                                         AR20110019358



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