IN THE CASE OF:	  

		BOARD DATE:  16 August 2012

		DOCKET NUMBER:  AR20120002903 


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 upgrade of her general under honorable conditions discharge to an honorable discharge.

2.  She states she wasn't discharged due to a personality disorder, but rather because her mother was very ill and there was no one to care for her.  She also states her DD Form 214 (Certificate of Release or Discharge from Active Duty) was not completely filled out, but her signature was requested to be on the form.

3.  She provides her 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 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 Regular Army on 18 January 1983 for a period of three years.  Her service record contains a DA Form 4187 (Personnel Action), dated 11 October 1983 which indicates she was married on 7 October 1983.

3.  On 19 October 1983, she signed a Statement of Counseling affirming she had been counseled on all items of the Dependent Counseling Checklist and that she understood her responsibilities.  She further understood that if she didn't provide an adequate Dependent Care Plan she would be barred from reenlisting for further service.  She initialed a DA Form 2496 (Disposition Form) on 19 October 1983 indicating she was unable to make the arrangements as required by the Dependent Care Plan form.  

4.  On various dates between November 1983 and March 1984, she received adverse counseling statements for failing to make mandatory formation, inability to perform prescribed duties due to parenthood, and failure to comply with directives issued on 10 February 1984.  

5.  On 7 March 1984, she was barred from reenlistment.  Her DA Form 4126-R (Bar to Reenlistment Certificate) listed her record of counseling statements and indicated she was non-deployable because she had failed after repeated counseling to submit the appropriate documents to provide for an adequate dependent care plan.  This document also indicated she had been aware of the seriousness of her neglect, but she continued to ignore her responsibility to the U.S. Army.  

6.  On an unknown date, the company commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, chapter 5 for the convenience of the government.  The company commander indicated the reasons for this recommendation were the applicant's inability to perform prescribed duties due to parenthood and refusal to submit a dependent care plan.  The applicant was advised of her rights.  She consulted with legal counsel and elected not to submit statements in her own behalf.  

7.  Her service record contains a statement indicating she requested a chapter from the U.S. Army because she was having family problems at home and she couldn't deal with the ways of military life any more.  She felt her family was more important and she was most needed there.  In addition, her children needed a full-time mother instead of a part-time keeper.  Her mother needed help with the children as well as other things that she was burdened with.  

8.  Her service record doesn't indicate she underwent a psychiatric examination, was diagnosed with a personality disorder, or was notified of separation action under the provisions of Army Regulation 635-200, chapter 5 due to a personality disorder.

9.  On 24 April 1984, an assistant adjutant general reviewed the applicant's administrative separation action under the provisions of Army Regulation 
635-200, paragraph 5-8 due to inability to perform prescribed duties due to parenthood and found it administratively correct.  

10.  On 1 May 1984, the separation authority waived rehabilitation requirements and directed that the applicant be discharged from the service under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder with a separation program designator (SPD) of JKX (JMB).  Her service was characterized as general under honorable conditions.  

11.  Army Regulation 635-5-1 (Personnel Separations - SPD) does not list "JKX" as an authorized SPD code.  This regulation provides for SPD codes "JFX" and "JMB" for personality disorder under the provisions of Army Regulation 
635-200, paragraph 5-13 and "JDG" for involuntary discharge for inability to perform prescribed duties due to parenthood under the provisions of Army Regulation 635-200, paragraph 5-8.  

12.  Her DD Form 214 indicates she was discharged on 9 May 1984 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder.  At the time of her discharge, she had completed 1 year, 3 months, and 22 days of active military service.  She was given an SPD code of “JFX” (Personality Disorder).  

13.  Her service record doesn't indicate she applied to the Army Discharge Review Board within its 15-year statute of limitations for an upgrade of her discharge. 

14.  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 (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 Soldiers ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.

15.  Army Regulation 635-200 establishes the policies and procedures for the separation of enlisted Soldiers.  Paragraph 5-8 provides for the involuntary separation of Soldiers due to parenthood.  That paragraph states Soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities and that notification procedures will be used.  

16.  Army Regulation 635-200, paragraph 3-7a states 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 evidence of record indicates the separation authority directed that the applicant be discharged under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder.  However, her service record indicates her company commander initiated involuntary separation actions against her under the provisions of paragraph 5-8 because of inability to perform prescribed duties due to parenthood.  

2.  It appears the separation authority may have cited the incorrect separation authority and SPD code.  As result, the applicant's DD Form 214 was recorded to reflect she was discharged under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of personality disorder.  However, there is no evidence in her service records which show she was ever diagnosed with a personality disorder while on active duty.  

3.  Records show she was unable to make the arrangements as required by the Dependent Care Plan form.  

4.  Her service record shows she was barred from reenlistment and she received adverse counseling statements for failing to make mandatory formation, inability to perform prescribed duties due to parenthood, and failure to comply with directives.  

5.  It appears the chain of command determined that her overall military service did not meet the standards for a fully honorable discharge as defined in Army 


Regulation 635-200 and appropriately characterized her service as general under honorable conditions.

6.  Evidence shows that the applicant’s records contain an administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X ___  ___X____  ___X  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that an administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the DD Form 214 of the individual concerned by:

	a.  deleting the entry "PARAGRAPH 5-13, AR 635-200" from item 25 and replacing it with the entry "PARAGRAPH  5-8, AR 635-200;"

	b.  deleting the entry "JFX" from item 26 and replacing it with the entry "JDG"; and 


	c.  deleting the entry "PERSONALITY DISORDER" and replacing it with the entry "INABILITY TO PERFORM PRESCRIBED DUTIES DUE TO PARENTHOOD."




      __________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)                                         AR20120002903





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ABCMR Record of Proceedings (cont)                                         AR20120002903



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