IN THE CASE OF:	  

		BOARD DATE:  22 January 2013

		DOCKET NUMBER:  AR20120011181 


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 the narrative reason for separation shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, she received a diagnosis from the Army which resulted in her separation from the service for a personality disorder.  The Department of Veterans Affairs (VA) subsequently found no evidence of the disorder during its examination, but indicated she suffered from anxiety, depression, and probable post-traumatic stress disorder (PTSD) which worsened throughout her military service.

3.  The applicant provides:

* DD Form 214
* 6 pages of medical documentation
* U.S. Army Medical Command Form 4038 (Report of Behavioral Health Evaluation)
* Standard Form  600 (Chronological Record of Medical Care)

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Although the applicant lists the VA as counsel, the VA did not render a request on the applicant's behalf.

2.  Counsel provides no additional statement.

3.  Counsel provides no additional evidence.

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's records show she enlisted in the Regular Army on 16 February 2000 and held military occupational specialty 92Y (Unit Supply Specialist).  Item 18 (Remarks) of her DD Form 214 shows she served in Kuwait from 28 December 2004 through 13 December 2005.  Her DD Form 215 (Correction to DD Form 214) shows she served in Iraq from 16 July through 14 November 2006.  The highest rank/pay grade she attained during her military service was sergeant/E-5.

3.  Her record contains a Standard Form 600 which shows on 18 June 2005 she reported she had been dealing with issues regarding her past for a week following a briefing given to her unit.  She reported being raped by two uncles and a cousin over a period of 5 years, being very promiscuous during high school, being teased, hating her twin brother, and being in an abusive relationship for several years.

4.  On 28 September 2006, the applicant was notified by her immediate commander that she was being referred for a mental health evaluation due to suicidal thoughts.

5.  On 29 September 2006, she underwent a mental status evaluation for personality disorder.  The military psychiatrist indicated her behavior was passive, she was fully alert and oriented, and she demonstrated a clear thinking process with good memory.  However, her mood and affect was diagnosed as flat, depressed, and labile.  She also presented with abnormal thought content.

	a.  The psychiatrist recommended her commander consider her for separation under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 5-13.  The psychiatrist opined that the applicant did not have a severe mental disorder; however, she manifested a long-standing disorder of character, behavior, and adaptability that is of such severity so as to preclude military service.

	b.  This pattern of behavior met the criteria for a personality disorder in accordance with the Diagnostic and Statistical Manual of Mental Disorders, fourth edition, and Army Regulation 635-200.  Although not currently at significant risk for suicide or homicide, the applicant may become potentially dangerous to herself and others in the future due to life-long patterns of maladaptive responses to routine stress.

	c.  The psychiatrist further opined that she suffered from major depression and a borderline personality disorder.  The personality disorder was most likely contributing to her recurrent and most recent suicidal ideation.  So far, she had responded minimally to treatment, but had been on medications only for a couple of months.  She was at low risk to make any suicidal gesture or attempt based on her history and his clinical opinion, and it was believed she would improve with further treatment.

6.  On 1 March 2007, her immediate commander notified her of his intent to initiate separation action against her under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of a borderline personality disorder with recurrent, moderate, major depressive disorder.  Her commander recommended an honorable discharge.  She acknowledged notification the same day.

7.  On 2 March 2007, she was subsequently advised by counsel of the basis for the contemplated action to separate her for a personality disorder under the provisions of paragraph 5-13 of Army Regulation 635-200.  She subsequently waived consideration of her case by an administrative separation board, representation by military counsel, and she elected not to submit statements on her own behalf.

8.  On 13 March 2007, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200, directed characterization of her service as honorable and no transfer to the Individual Ready Reserve.

9.  On 2 April 2007, she was discharged accordingly.  Her DD Form 214 shows she completed 7 years, 1 month, and 17 days of creditable active service during this period.

* item 25 (Separation Authority) shows the entry "Army Regulation 635-200, paragraph 5-13"
* item 26 (Separation Code) shows the entry "JFX"
* item 28 (Narrative Reason for Separation) shows the entry "PERSONALITY DISORDER"

10.  There is no evidence the applicant petitioned the Army Discharge Review Board to change the character and/or reason for her discharge.

11.  The applicant provides medical records which show she is being treated for numerous ailments to include an anxiety disorder with probable PTSD; however, there is no evidence that she was treated for PTSD prior to discharge.

12.  Army Regulation 635-200 provides for the separation of enlisted personnel.  Paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states a Soldier may be separated for personality disorders not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that interfere 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.

13.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The "JFX" SPD code is the correct code for members separating under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of a personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her narrative reason for separation should be changed from personality disorder; however, there is insufficient evidence to support this claim.

2.  The evidence shows she was diagnosed by competent medical authority with a borderline personality disorder with recurrent, moderate, major depression disorder which was of such severity as to preclude military service.

3.  Accordingly, she was separated under the provisions of paragraph 5-13 of Army Regulation 635-200.  The evidence of record shows her separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized her rights.

4.  The applicant's narrative reason for separation was assigned based on her discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code is "personality disorder."  Therefore, she was assigned the appropriate narrative reason for separation.

5.  Although the applicant submitted evidence which indicates the VA rendered her a current diagnosis of an anxiety disorder with probable PTSD subsequent to her discharge from the Army, there is no evidence to indicate she was suffering from PTSD at the time of discharge.  As a result, there is insufficient evidence to show she was suffering from a mentally or physically disabling condition which warranted separation processing through the Physical Disability Evaluation System.  Therefore, there is insufficient evidence to grant her the requested relief in this case.

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 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)                                         AR20120011181



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ABCMR Record of Proceedings (cont)                                         AR20120011181



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