IN THE CASE OF:	  

		BOARD DATE:  18 October 2012

		DOCKET NUMBER:  AR20120008264 


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 to change the character of service of his discharge from uncharacterized to honorable. 

2.  The applicant states he cannot find a job despite performing 6 months and   19 days of service.  He claims he slipped on a curb and later completed an Army Physical Fitness Test.  This resulted in him receiving a stress fracture to his foot which contributed to everything changing for him.  He further states, in effect, he needs an upgrade of his character of service in order to obtain medical benefits.    

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a self-authored statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the U.S. Army Reserve on                  31 October 2003, and entered initial active duty training (IADT) on 21 November 2003, within career management field 31 (Signal Operations).  

2.  The applicant received developmental counseling on:

* 24 February, 2 March, 16 March, and 12 April 2004, for trouble adapting to military service
* 6 March 2004, for violating Policy Memorandum 17 (Smoking)

3.  The applicant received nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 17 March 2004, for violating Policy Memorandum 17 (Smoking).

4.  On 7 April 2004, the applicant was examined by the Chief, Child and Family Psychology Services, Dwight D. Eisenhower Army Medical Center.  He was subsequently diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct as well as a personality disorder not otherwise specified with paranoid and narcissistic traits.  Based on the examination, it was determined the applicant had no mental disease, defect, or derangement sufficient to warrant medical disposition under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) as outlined in Army Regulation 40-501 (Standards of Medical Fitness).  However, his condition was deemed appropriate for an administrative separation under paragraph 5-13, Army Regulation 635-200 (Personnel Separations - Enlisted Administrative Separations).

5.  On 23 April 2004, the applicant underwent a separation physical.  It was noted his left ankle was tender; however, he was found to be qualified for separation with a recommendation for him to follow up with his primary care provider upon discharge.

6.  The applicant's commander informed him he was initiating action to separate him for a personality disorder and that he was recommending an uncharacterized discharge.  On 6 May 2004, the applicant acknowledged notification of the proposed separation action.  

7.  On 20 May 2004, the applicant consulted with legal counsel and was advised of the basis for the contemplated action to separate him for a personality disorder and its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  He requested to consult with military counsel but did not submit statements in his behalf.

8.  On 3 June 2004, the separation authority approved the applicant's discharge  and directed he receive an entry level separation (uncharacterized).  On              9 June 2004, the applicant was discharged accordingly after completing              6 months and 19 days of active military service.

9.  The applicant's DD Form 214 shows:

* in item 24 (Character of Service) "Uncharacterized"
* in item 25 (Separation Authority) "AR 635-200, PARA 5-13"
* in item 26 (Separation Code) "JFX"
* in item 27 (Reentry Code) "3"
* in item 28 (Narrative Reason for Separation) "PERSONALITY DISORDER"

10.  On 28 January 2011, the applicant was informed his application to the Army Discharge Review Board for a change in the character and/or reason of his discharge was denied.

11.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 at the time provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40, which interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  The regulation also directed that commanders would not take action prescribed in this chapter in lieu of disciplinary action, required that the diagnosis concluded the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 (Military Personnel Security Program); or Army Regulation 635-40.

	a.  The service of a Soldier separated per paragraph 5-13 was to be characterized as honorable unless an entry level separation was required.  A separation was described as an entry level separation with service uncharacterized if processing was initiated while a Soldier was in entry level status.  

	b.  For Army National Guard (ARNG) and USAR Soldiers, entry level status began upon enlistment in the ARNG or USAR.  It terminated 180 days after beginning training for Soldiers ordered to IADT for one continuous period.  

12.  Army Regulation 635-5 (Separation Documents) states item 28 of the        DD Form 214 will be completed as shown in Army Regulation 635-5-1 (Separation Program Designators).  Army Regulation 635-5-1 states the narrative reason for separation for Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13 is "personality disorder."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change the character of service of his discharge from uncharacterized to honorable has been carefully examined and found to be without merit.

2.  The evidence of record confirms he was diagnosed with a personality disorder by competent medical authority prior to his completion of 180 days of service.  Based on this diagnosis, Army Regulation 635-200, paragraph 5-13, was the appropriate authority for the applicant's separation.  The applicant's narrative reason for separation is in accordance with the applicable regulations.  The evidence of record further shows that all requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  

3.  The ABCMR does not grant requests for discharge upgrades solely for the purpose of making an applicant eligible for veterans' or medical benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  

4.  In view of the foregoing, he is not entitled to the requested relief.

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)                                         AR20120008264



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ABCMR Record of Proceedings (cont)                                         AR20120008264



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