IN THE CASE OF:
BOARD DATE: 19 June 2012
DOCKET NUMBER: AR20110024863
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:
a. award of the Combat Action Badge (CAB); and
b. his narrative reason for separation be changed to Post Traumatic Stress Disorder (PTSD) instead of personality disorder.
2. The applicant states:
* He was discharged before the CAB was awarded
* He wasn't properly diagnosed with a personality disorder but he was diagnosed with PTSD
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 5 June 2012, the applicant was notified by separate correspondence that he had not exhausted all administrative remedies available to him with regard to his request for the CAB. He was provided the necessary information to do so. His request for the CAB will not be discussed further in this Record of Proceedings.
3. The applicant was ordered to active duty from the Army National Guard on
12 October 2003 in support of Operation Iraqi Freedom.
4. The facts and circumstances surrounding his discharge are not contained in the available records. However, his DD Form 214 shows he was honorably discharged on 21 July 2004 under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder.
5. 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."
6. 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.
7. 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 applicant requests his narrative reason for separation be changed from personality disorder to PTSD.
2. In the absence of evidence to the contrary, it is presumed the applicant was properly diagnosed with a personality disorder by competent and appropriate military medical authorities and his separation processing was administratively correct and in conformance with applicable regulations.
3. It appears the narrative reason for separation used in the applicant's case is correct and was applied in accordance with the applicable regulations.
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) AR20110024863
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ABCMR Record of Proceedings (cont) AR20110024863
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