IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120001795 


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 reconsideration of his earlier application to change item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show post-traumatic stress disorder (PTSD) and not personality disorder.

2.  The applicant states:

   a.  There is no documented evidence or testimony to support the narrative reason listed in item 28 of his DD Form 214.
   
   b.  In accordance with Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) there is no diagnosis of a personality disorder that has been established by a physician trained in psychiatry.
   
   c.  In accordance with Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), there was no evaluation to determine a Soldier's fitness for duty because of physical disability, impairment.
   
   d.  Army Regulation 40-501 (Standards of Medical Fitness) requires outlines (Axis I, II, III) to preclude or render a Soldier unfit yet none are established or documented in the file. 



3.  The applicant provides:

* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Army National Guard (ARNG) Honorable Discharge Certificate, dated 
2 March 2008
* Physician's statement, Department of Veterans Affairs Medical Center (VAMC), dated 5 May 2011
* Headquarters, U.S. Army Fort Dix, Orders Number 311-0087, dated 
7 November 2007
* Virginia ARNG, Joint Force Headquarters - Virginia Orders Number 312-019, dated 8 November 2006
* ARNG Defensive Driving Course Form
* U.S. Army Certificate of Contamination, dated 17 September 2006
* Memorandum of Record (MFR): North Atlantic Treaty Organization (NATO) Medal - Balkans
* MFR: Global War on Terrorism Service Medal
* MFR: National Defense Service Medal
* MFR: Kosovo Campaign Service Medal
* MFR: Overseas Service Ribbon
* MFR: Armed Forces Reserve Medal with "M" Device

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110012519, on 15 December 2011.

2.  The applicant submitted a statement from his psychiatrist, training certificates, promotion orders, and award orders which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  Having had prior service, the applicant enlisted in the Virginia ARNG for
3 years on 11 June 2005.

4.  His records also show he served in Kosovo from 15 October 2006 to 
1 November 2007, during which time he was promoted to sergeant (SGT)/E-5 on 15 November 2006.

5.  The complete facts and circumstances surrounding his discharge action are still not available.  In addition, his medical records are also still not available for review.

6.  On 4 December 2007, the applicant was discharged by reason of personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13.

7.  In support of his application, the applicant provides the following documents:

	a.  A letter from his psychiatrist at the VAMC, Philadelphia, PA, dated 5 May 2011.  The psychiatrist stated that the applicant is currently under his care and being treated for an anxiety disorder and ongoing exploration of other possible mental health concerns.  In September 2010 the applicant screened positive for PTSD during an intake for Operation Enduring Freedom (OEF)/Operation Iraqi Freedom (OIF) veterans.  In subsequent evaluations he also endorsed, among other things, anxiety symptoms in relation to the traumatic experience he had while serving overseas.  The psychiatrist makes reference to treatment the applicant received at the Joseph J. Peters Institute (JJPI) under the care of another psychiatrist.  That psychiatrist opined "There is a lack of evidence to suggest the [applicant] meets diagnostic criteria for Antisocial Personality Disorder.  According to the American Psychiatric Association (2000) Diagnostic Statistical Manual of Mental Disorders, Fourth Edition Text Revision (DSM-IV-TR), to meet criteria for Antisocial Personality Disorder a person must demonstrate a pervasive pattern of disregard for and violation of the rights of others occurring since age 15.  Additionally there must be evidence of conduct disorder with onset prior to age 15.  The JJPI is unaware of any evidence suggesting that [the applicant] has a longstanding history of antisocial behavior, meaning since the age of 15."

   b.  Several memoranda awarding him the Non-Article 5 NATO Medal- Balkans, the Global War on Terrorism Service Medal, the National Defense Service Medal, the Kosovo Campaign Medal, the Overseas Service Ribbon, and the Armed Forces Reserve Medal with "M" device.
   
	c.  A Certificate of Contamination, dated 17 September 2006, issued by the Muscatatuck Urban Training Center, IN, and an ARNG Defensive Driving Course completion certificate.

	d.  His promotion orders to sergeant, dated 7 November 2007, and orders discharging him from the ARNG effective on 4 December 2007.
8.  On 15 May 2009 and 20 May 2011, the Army Discharge Review Board (ADRB) determined he was properly and equitably discharged.  Accordingly, the ADRB denied his petitions for a change in the narrative reason for separation. 
9.  Army Regulation 635-200 provides for the separation of enlisted personnel.  chapter 5-13 provides the criteria for discharge because of a personality disorder.  It states that a Soldier may be separated for personality disorders, not amounting to disability under Army Regulation 635-40, that interferes 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.

10.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  It provides that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.

11.  Army Regulation 40-501 governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement).  It outlines medical conditions which may render an individual unfit or which may preclude enlistment.  Paragraph 3-35 of this regulation states that a history of or current manifestations of personality disorders renders an individual administratively unfit.  These conditions will be dealt with through administrative channels, including Army Regulation 635-200.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, reconsideration of his earlier application to change the narrative reason for his discharge to show PTSD.

2.  The applicant provides a physician's statement which shows in September 2010 he screened positive for PTSD during an OEF/OIF intake session conducted at the VAMC and that he is currently under treatment for an anxiety disorder and ongoing exploration of other possible mental health concerns.  In the same letter the psychiatrist stated the applicant was diagnosed with PTSD prior to being treated at the VAMC and the examining psychiatrist determined there was a lack of evidence to meet the criteria for antisocial personality disorder.

3.  The applicant contends that there is no evidence to support a narrative reason of personality disorder and there was no diagnosis by a trained psychiatrist of such a medical condition.  He further contends that there was no evaluation to determine his fitness for duty because of a physical disability and no outlines were established or documented that rendered him unfit.  Unfortunately, his medical records for that period of service are not available for review and he did not provide any medical documentation relating to the medical care and treatment which led to his discharge.  Nevertheless, such records would have reflected the observations and opinions of medical examiners at the time they were recorded.  Any subsequent interpretations of his medical conditions fall within the jurisdiction of the agency administering benefits based on the facts recorded.

4.  The awards, promotion orders, and training records provided by the applicant show he served honorably during his period of service but cannot confirm or refute a diagnosis of a personality disorder or PTSD.  Lacking evidence to the contrary, it must be presumed that his discharge was administered in accordance with applicable regulations.  

5.  Lacking evidence to the contrary, it appears he was properly and equitably discharged in accordance with the regulations in effect at the time.  There is no indication of procedural errors which would have jeopardized his rights.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20110012519, dated 15 December 2011.




      _______ _   _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)                                         AR20120001795





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ABCMR Record of Proceedings (cont)                                         AR20120001795



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