IN THE CASE OF:	   

		BOARD DATE:	  9 May 2013

		DOCKET NUMBER:  AR20120011496 


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 that his narrative reason for separation "personality disorder" and reentry (RE) code be changed.  

2.  The applicant states he has been diagnosed with a service-connected Post-Traumatic Stress Disorder (PTSD).  

3.  The applicant provides the documents identified in item 9 (In support of this application, I submit as evidence the following attached documents) of his application in support of his request.  

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 record shows he enlisted in the Regular Army on 15 August 1996.  He was trained in and awarded military occupational specialty (MOS) 14S (Avenger Crewmember).

3.  The applicant's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, is void of any medical records indicating the applicant was suffering from a disabling mental or physical condition during his military service or at the time of discharge processing.  There are no medical records confirming the applicant was suffering from PTSD at anytime during his active duty service.  It is also void of a separation packet containing the facts and circumstances surrounding the applicant's separation processing.  

4.   The AMHRR does contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows the applicant was separated under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder (separation program designator (SPD) code JFX), and that he was assigned an RE-3 code based on this authority and reason for discharge.  The DD Form 214 also shows he was separated in the rank of specialist/E-4 and that he completed 2 years and 12 days of active military service.  

5.  In connection with the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG), Director of Health Care Delivery.  This official stated the records available for review are quite limited.  He does indicate that the applicant completed a Post-Deployment Health Assessment (PDHA) on 14 December 2005, approximately one week prior to his discharge.  The PDHA, which also screens for PTSD, was negative at around the time of his separation.  This official further indicates the applicant denied all symptoms related to PTSD.  In response to whether his health changed during his deployment, the applicant replied his health stayed around the same or got better.  The applicant also indicated he was being separated from military service due to antisocial behavior.  

6.  On 26 March 2013, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond to or rebut its contents.  To date, he has failed to reply.   

7.  The applicant provides medical progress notes from the Department of Veterans Affairs (VA), dated 5 June 2012, which contain an assessment that the applicant is suffering from PTSD/dysthymia and that a research progress study would be started.  


8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) prescribes the policy for the administrative separation of enlisted personnel.  Paragraph 5-13 provides for separating members by reason of personality disorder (not amounting to disability) that interferes with assignment or with performance of duty.  

9.  The SPD Code/RE Code Cross Reference Table states that the SPD code is JFX then RE Code 3 will be given. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change the narrative reason for his separation and his RE code has been carefully considered.  However, there is insufficient evidence to support this claim.  The record is void of a separation packet containing the specific facts and circumstances surrounding the applicant's separation processing.  

2.  However, the record does contain a DD Form 214 that identifies the authority and reason for separation and the corresponding RE code assignment.  Absent any evidence of error or injustice, there is a presumption of regularity in the separation process attached to this document.  Therefore, it is presumed the applicant's separation processing was accomplished in accordance with the applicable regulation; and that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  The medical progress notes provided by the applicant show he was evaluated by the VA in 2012, more than 7 years after his discharge.  There is no indication that he was treated for PTSD at or around the time of his discharge.  To the contrary, the OTSG advisory opinion confirms that a PDHA completed shortly before the applicant's separation, subsequent to his deployment, was negative for PTSD.  The PDHA, which was completed around a week prior to the applicant's separation, further shows the applicant confirmed his health was the same or better after his deployment.  

4.  The record is void of any medical records or other documents that indicate he was suffering from PTSD at the time of discharge, as is confirmed by the OTSG advisory opinion.  Therefore, absent any evidence of an error or injustice in the separation process, or medical evidence confirming the applicant was suffering from PTSD at the time of his discharge, there is an insufficient evidentiary basis to support 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)                                         AR20120011496



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ABCMR Record of Proceedings (cont)                                         AR20120011496



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