IN THE CASE OF:
BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120009109
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 change of her discharge to show she was medically discharged or retired. She also requests award of the Purple Heart.
2. The applicant states she was improperly discharged from the U.S. Army.
a. She states she was held in captivity at knifepoint and raped by a staff sergeant when she was in basic training in 1989. She testified against the individual and her testimony was substantiated by DNA. The individual was confined at Fort Knox, KY; reduced to the rank of private; and dishonorably discharged. She adds she is a hero for having testified against such a predator and ensuring he does not sexually assault anyone else. She asserts the attack she endured and her actions against the attacker entitle her to award of the Purple Heart.
b. She suffers from post-traumatic stress disorder, major depression, and panic attacks. The Army labeled her condition a "personality disorder."
c. She was voluntarily and honorably discharged on 15 June 1990 based on "borderline personality disorder." She was informed "there were not enough 'availabilities' at the time to chapter (discharge) me with the appropriate reason."
d. The reason for her discharge has caused her difficulties because it is a public record and it has been used against her in child custody proceedings. She adds she has been homeless for 10 years.
3. The applicant provides no additional evidence in support of her application.
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 12 October 1989 for a period of 4 years. Upon completion of training she was awarded military occupational specialty 91E (Dental Specialist).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows in
item 35 (Record of Assignments) the following entries:
* Company A, 170th Adjutant General Battalion (Receiving), Fort Jackson, SC (12 through 19 October 1989)
* Company C, 2nd Battalion, 28th Infantry Regiment, 2nd Basic Training Brigade, Fort Jackson, (20 October through 13 December 1989)
* Company C, 187th Medical Battalion, Fort Sam Houston, TX
(15 December 1989 through 28 March 1990)
* en route to Germany (29 March through 5 April 1990)
* 19th Replacement Detachment, Fort Bragg, NC (6 through 10 April 1990)
* U.S. Army Dental Activity, Fort Bragg (11 April through 14 June 1990)
4. On 15 May 1990, the applicant's commander initiated action to discharge her under the provisions of Army Regulation (AR) 635-200, paragraph (para) 5-13, due to a personality disorder. The reason for his proposed action was based upon a Report of Psychological Evaluation from the Chief Psychiatrist, Womack Army Community Hospital, Fort Bragg, dated 7 May 1990, a copy of which he also provided to the applicant. The applicant was informed of her rights and that the separation authority could direct either an honorable or under honorable conditions discharge.
5. The applicant consulted with counsel and she was advised of the basis for the contemplated separation action and its effects, the rights available to her, and of the effect of a waiver of her rights.
a. She acknowledged she understood that military legal counsel for consultation was available to assist her and she declined that opportunity.
b. She elected not to submit any statements in her own behalf.
c. She was advised she may expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions was issued to her.
d. The applicant placed her signature on the document on 15 May 1990.
6. The immediate and intermediate commanders recommended approval of the applicant's separation action.
7. On 4 June 1990, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-13, because of a personality disorder. He directed the issuance of an Honorable Discharge Certificate.
8. On 15 June 1990, the applicant was accordingly discharged. She completed 8 months and 4 days of creditable active service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time shows in:
a. item 25 (Separation Authority): AR 635-200, Para 5-13;
b. item 26 (Separation Code): "JFX"; and
c. item 28 (Narrative Reason for Separation): "Personality Disorder."
9. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. It shows the Purple Heart is awarded to any member who was wounded or killed in action as a result of enemy action.
10. Army Regulation 40-501 (Standards of Medical Fitness), chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), paragraph 3-34 (Personality disorders), shows in part that a history of, or current manifestations of, personality disorders render an individual administratively (emphasis added) unfit. This condition renders an individual administratively unfit rather than unfit because of physical illness or medical disability. Additionally, situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty. These conditions will be dealt with through administrative channels, including Army Regulation 635200.
11. Army Regulation 635-200, in effect at the time, sets forth 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), when the disorder is so severe that it interferes with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials.
12. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30%. Section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years of service and a disability rated at less than 30%.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her record should be corrected to show award of the Purple Heart and her administrative discharge should be changed to show she was medically discharged or retired.
2. The sincerity of the applicant's claim to the Purple Heart is not in question. However, in order to support awarding a member the Purple Heart, it is necessary to establish that the individual was wounded or injured in action as a result of enemy action. The applicants description of the incident indicates she was not injured as a result of enemy action.
3. The Army regulation governing the applicant's discharge required that "the diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials." The evidence of record indicates that such a diagnosis, that met the criteria for administrative separation, was made by an Army psychiatrist in the applicant's case.
4. There is no evidence of record, and the applicant provides insufficient evidence, that shows she was found unfit because of physical disability to reasonably perform the duties of her office, grade, rank, or rating that would require her referral to the physical disability evaluation system. As such, there is an insufficient evidentiary basis to support the applicant's contention that she should have been medically discharged or retired.
5. The applicant's administrative separation under the provisions of Army Regulation 635-200, paragraph 5-13, due to personality disorder was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized her rights. In addition, the narrative reason for separation and assigned separation code were appropriate and equitable.
6. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20120009109
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