IN THE CASE OF:	  

		BOARD DATE:	    19 July 2012

		DOCKET NUMBER:  AR20120001019 


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 his general discharge be upgraded to an honorable discharge and that the narrative reason for separation be changed.

2.  The applicant states that throughout his life he has had issues with controlling his behavior.  He has had constant outbursts with other people (and still does) and he was recently diagnosed with Bi-polar Type II and post-traumatic stress disorder (PTSD), which was not part of his thing when he underwent evaluation in Bosnia.  Therefore, based on the new diagnosis and given the number of incidents he has had, he desires an upgrade of his discharge, a change of his narrative reason for separation, and restoration of all benefits.  

3.  The applicant provides a letter from a psychiatrist in San Diego, California, dated 22 December 2011.

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 U.S. Army Reserve (USAR) on 1 March 1998 for a period of 8 years and training as a 71L Administrative Specialist.  He was ordered to initial active duty training and completed his one-station unit training at Fort Jackson, South Carolina, before being returned to his USAR unit. 
 
3.  On 2 February 1999, he enlisted in the Regular Army for a period of 3 years and was transferred to Fort Carson, Colorado, for his first duty assignment.

4.  Although the specific dates are not present in the available records, it appears that the applicant deployed to Bosnia in August 1999 in support of Task Force Eagle with the 10th Mountain Division.

5.  On 24 September 1999, nonjudicial punishment was imposed against him for failure to go to his place of duty (guard mount).

6.  During the period 12 August 1999 to 5 October 1999 he was counseled for multiple offenses of failure to go to his place of duty, failure to obey orders and regulations, insubordinate conduct towards noncommissioned officers (NCOs) and superior commissioned officers, disobeying superior commissioned officers and NCOs, and failure to report to his place of duty. 

7.  On 20 September 1999, he underwent a mental status evaluation and was diagnosed as having an adjustment disorder with disturbance of conduct     (AXIS I).  

8.  On 29 September 1999, he again underwent a mental status evaluation and was diagnosed as having AXIS I: Occupational problems and AXIS II: R/O Personality Disorder NOS with narcissistic traits.

9.  On 1 October 1999, he again underwent a mental status evaluation and the examining psychiatrist who also conducted the two previous examinations opined that while the applicant did not have a severe mental disorder and is not considered mentally disordered, he manifests a disorder of character, behavior and adaptability that is of such severity as to preclude adequate military service.  He recommended that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-13 (personality disorder).

10.  On 7 October 1999, the applicant’s commander notified him that he was initiating action to discharge him from the service under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct.  He cited as the basis for his recommendation the applicant’s repeated acts of being disrespectful towards officers and NCOs, repeated incidents of failure to go to his place of duty, leaving his place of duty without permission, and his substandard military appearance.
 
11.  After consulting with defense counsel the applicant elected not to submit a statement in his own behalf.

12.  The applicant’s commander submitted the recommendation for discharge on 8 October 1999 and indicated that the applicant had been to Mental Health on four occasions and the first three evaluations appeared to be normal; however, on the fourth visit he was diagnosed as having a personality disorder with narcissistic features, qualifying him for separation under paragraph 5-13 due to a personality disorder; however, paragraph 5-13b provides that separation under that chapter is not appropriate when separation under chapter 14 is warranted.  He recommended that the applicant be issued a General Discharge Certificate.

13.  The appropriate authority approved the recommendation for discharge under the provisions of Army Regulation 635.200, chapter 14 on 9 October 1999 and directed that he be furnished a General Discharge Certificate.

14.  Accordingly, the applicant was returned to Fort Carson, Colorado where he was discharged under honorable conditions on 29 October 1999, under the provisions of Army Regulation 635-200, paragraph 14-12c, due to misconduct.  He had served 8 months and 28 days of active service during his current enlistment for a total of 11 months and 15 days of active service.

15.  On 24 October 2000 he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge and essentially contended that he could not get along with the people he was assigned to work with in Bosnia and finally threatened to kill himself and was discharged.  After reviewing all of the facts and circumstances in his case the ADRB determined that his discharge was both proper and equitable under the circumstances and voted to deny his request on 31 January 2001.

16.  The statement provided by the applicant with his application from a psychiatrist in San Diego indicates that the applicant was diagnosed as having AXIS I – R/O Bipolar Disorder Type II, Panic Disorder without Agoraphobia, Generalized Anxiety Disorder/Social Phobia.

17.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating 

personnel for misconduct.  Specific categories include minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense, which includes drug offenses.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.  

18.  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.  Separation for personality disorder is not appropriate when separation is warranted under chapters 4, 5, 7, 9, 10, 11, 13, 14, 15 or 18 of that regulation.

19.  Paragraph 3-7a of Army Regulation 635-200 provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  Accordingly, the characterization and the narrative reason for separation were appropriate for the circumstances of his case.

3.   The applicant's contentions and supporting documents have been noted; however, they are not sufficiently mitigating when compared to the repeated nature of his offenses during such a short period of service and the fact that his misconduct did not begin until he deployed with another unit to Bosnia.  

4.  Additionally, the applicant has failed to show through the evidence submitted and the evidence of record that his diagnosis at the time was incorrect or that his misconduct was caused by his bi-polar disorder or PTSD.

5.  In any event, a discharge for personality was considered at the time; however, the applicable regulation specified that such a discharge was not appropriate when a discharge under chapter 14 is warranted.

6.  Accordingly, his service did not rise to the level of a fully honorable discharge and there appears to be no basis to upgrade his discharge or 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)                                         AR20120001019





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ABCMR Record of Proceedings (cont)                                         AR20120001019



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