IN THE CASE OF:	  

		BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20120000651 


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 the narrative reason for his discharge be changed.
	
2.  The applicant states the reason for his discharge, personality disorder, is limiting his chances for local, state, and federal employment due to the terminology.  Since his discharge he has completely stopped drinking, and he is going to college in the spring.  His life is completely different today and he is moving forward to a better future.  

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 September 1989.

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 (RA) on 20 November 1987 for a period of 
4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty 94B (Food Service Specialist).  On 
21 April 1988, he was assigned to Headquarters and Headquarters Services Company, 533rd Military Intelligence Battalion in Germany.

3.  The applicant's service medical records and mental evaluation were not available for review.

4.  On 8 August 1989, his commander notified him that he was initiating action to discharge him under the provisions of paragraph 5-13 (Separation because of personality disorder) of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel). 

	a.  He had been diagnosed as having an Axis II personality disorder by the Division psychiatrist.  His personality disorder represented an ingrained, pervasive, maladaptive pattern of behavior which was of long duration and so severe as to significantly impair his ability to function effectively in the military environment.

	b.  The commander further notified him he was recommending his period of service be characterized as honorable.

5.  The commander advised the applicant of his right to submit statements in his own behalf, to be represented by counsel, to waive any of these rights, to obtain copies of documents that will be sent to the separation authority supporting the proposed separation, and to withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge.  The commander also advised the applicant he may waive any or all of these rights in writing and that failure to respond to within 7 days will constitute a waiver of his rights.

6.  On 8 August 1989, he submitted a statement acknowledging that he had been advised by counsel of the basis for the contemplated action to discharge him under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  The applicant stated that he was submitting statements in his own behalf.  He acknowledged that he would be ineligible to apply for enlistment in the Army for 2 years after discharge.

7.  On 8 August 1989, the applicant's commander recommended him for discharge due to a personality disorder and that his service be characterized as honorable.  The commander stated the applicant had been diagnosed as having a personality disorder which was not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification of duty within the military. It was unlikely that efforts to rehabilitate or develop him would produce the quality Soldier needed for the base line force.  Further transfers to other units within the command or other commands would not help this Soldier.  He requested the requirement for rehabilitative transfer be waived.

8.  On 13 August 1989, he submitted a statement indicating that he did not desire to make a statement concerning his discharge.

9.  On 18 August 1989, the appropriate authority approved the recommendation for discharge due to personality disorder and directed the applicant's service be characterized as honorable.

10.  On 11 September 1989, he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  He had completed 1 year, 2 months, and 28 days active service that was characterized as honorable.  The narrative reason shown on his DD Form 214 is "Personality Disorder."

11.  Army Regulation 40-501 (Standards of Medical Fitness) provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures.  Paragraph 3-35 (Personality, sexual and gender identity, or factitious disorders; disorders of impulse control not elsewhere classified; substance-related disorders) provides that these conditions may render an individual administratively unfit rather that unfit because of physical disability.  Interference with performance of effective duty in association with these conditions will be dealt with through administrative channels.

12.  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 personality disorder, not amounting to disability under Army Regulation 635-40, 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 regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action and requires that the diagnosis conclude the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 40-501 specifically states that individuals who are diagnosed with a personality disorder that interferes with the performance of effective duty in association with this condition will be processed through administrative channels.
2.  The provisions of Army Regulation 635-200 provides the administrative channel through which those individuals who are diagnosed with a personality disorder are discharged from the Army.

3.  The applicant was diagnosed with a personality disorder by competent military medical authorities.  The type of discharge directed and the reason for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize his rights.

4.  The applicant's statements concerning his post-service achievements and conduct are noted.  However, his good post-service conduct does not justify changing the narrative reason of a properly-constituted DD Form 214.  

5.  In view of the above, there is an insufficient basis to change the reason for his discharge.

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)                                         AR20120000651



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ABCMR Record of Proceedings (cont)                                         AR20120000651



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