IN THE CASE OF: 

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120008712


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by removing the current narrative reason for separation "personality disorder," and adding "medical."

2.  The applicant states, in effect, diagnoses of behavioral and mental conditions are confidential; the information should not be disclosed on documents that may become a public record, such as the DD Form 214.   

3.  The applicant provides his 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 19 February 2003.  He completed training and was awarded military occupational specialty 25U (Signal Support Systems Specialist).  The highest rank/pay grade he achieved while serving on active duty was specialist/E-4.

3.  His record shows he served in Iraq, in support of Operation Iraqi Freedom, from 14 February 2004 to 14 February 2005.

4.  On or about 28 June 2006, he reported for duty at Headquarters and Headquarters Company, 1st Battalion, 77th Armor Regiment, 2nd Brigade,       1st Infantry Division, in Schweinfurt, Germany.  According to a statement contained in his record from his immediate commander, almost immediately following his arrival:

* he was counseled numerous times for poor duty performance, poor personal hygiene, and failure to follow instructions
* he informed his immediate supervisor he was depressed and had reservations about the unit's upcoming deployment to Iraq
* his behavior included missing formations and disobeying orders

5.  On 24 August 2006, he underwent a mental status evaluation at Schweinfurt Mental Health Clinic, Schweinfurt, Germany.  The staff psychiatrist who examined him indicated his behavior was normal, he was fully alert and fully oriented, he was depressed but his thinking process was clear, and his thought content was normal.  His memory was good.  The staff psychiatrist indicated the applicant had the mental capacity to understand and participate in board proceedings, he was mentally responsible, and met the standards for retention under Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  He added that:
   
   a. [Applicant] meets the Diagnostic and Statistical Manual (DSM) of Mental Disorders, Fourth Edition, commonly referred to as the DSM IV, diagnostic criteria for "Personality Disorder – Not Otherwise Specified."  This is a chronic dysfunction of interacting with people and the environment.  [Applicant] has poor coping skills, which results in significant anxiety symptoms and behavioral problems.  [Applicant] is not expected to do well on the current deployment, despite his previous tour in Iraq.  This disorder is of sufficient severity that [Applicant] is not expected to adapt rapidly.  Continued active duty service would place [Applicant] at risk for future suicidal incidents.



   b. [Applicant] meets retention requirements of Army Regulation 40-501, chapter 3, and does not warrant disposition through medical channels.  In other words, he does not meet the criteria for a medical evaluation board (MEB)/physical evaluation board (PEB).

   c. Therefore, it is recommended that [Applicant's] command consider administrative separation under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 5-13.  If the [Applicant's] commanding officer, in turn, declines to follow the recommendation(s) herein, the [Applicant's] commanding officer shall forward a memorandum to his or her commanding officer within two business days explaining the decision to retain the service member against medical advice (DoD Directive 6490.1, chapter D-8a).

6.  As a result of his mental status evaluation, the applicant was assigned to his unit's rear detachment and did not deploy to Iraq.

7.  On 27 December 2006, his immediate commander notified him of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  

8.  On 27 December 2006, the applicant acknowledged receipt of the notification of his separation action under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  He waived consulting counsel and elected not to make statements in his own behalf.

9.  On 27 December 2006, his immediate commander initiated separation action against him under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  The applicant's immediate commander cited the applicant's diagnosed personality disorder as the basis for his recommendation.

10.  On 29 December 2006, consistent with the immediate and intermediate commanders' recommendations, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  He directed the applicant receive an honorable discharge.  

11.  On 9 January 2007, he was discharged accordingly under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder.  His DD Form 214 shows he completed 3 years, 10 months, and 21 days of net active service during this period of enlistment.  Item 28 (Narrative Reason for Separation) of his DD Form 214 contains the entry "Personality Disorder."

12.  His record is void of any documentation that shows he suffered from a medical condition that warranted his entry into the Army Physical Disability Evaluation System (PDES).

13.  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 (as diagnosed by a physician trained in psychiatry and psychiatric diagnoses), 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 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.

14.  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 Designator (SPD) Codes).  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 contends his DD Form 214 should be corrected to show his narrative reason for separation as "medical" instead of "personality disorder."  He further contends his current narrative reason violates his privacy because the 
DD Form 214 is a public document.  

2.  The evidence of record does not support the existence of a medical condition that would have warranted his entry into the Army PDES.  Absent such a condition, he could not have been given a medical discharge.  

3.  The evidence shows he was honorably discharged by reason of a personality disorder, and his DD Form 214 correctly reflects this.  He has failed to show the existence of an error or injustice.  His dissatisfaction with the stated narrative reason on his DD Form 214 does not equate to an error or injustice.  His DD Form 214 was prepared in accordance with applicable Army regulations and there is no basis for granting 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)                                         AR20100000181



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ABCMR Record of Proceedings (cont)                                         AR20120008712



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