IN THE CASE OF:	  

		BOARD DATE:	  25 April 2013

		DOCKET NUMBER:  AR20120016335 


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 the reason for discharge shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 
7 December 1990 be changed.

2.  The applicant states the current reason, shown as "personality disorder," should be changed.  His discharge was administrative in nature, not involving any mental illness or evidence of being unfit for duty.

	a.  His records do not show any history of mental illness treatment or a diagnosis prior to his charge.

	b.  No mental evaluation was given or offered prior to discharge or during out processing.

	c.  He has no record of disciplinary action of any kind in his records.

3.  The applicant provides no additional evidence in support of his 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.  He previously completed 5 years and 18 days of active service in the Regular Army from 9 August 1983 to 26 August 1988.  

3.  On 29 February 1989, he enlisted in the Regular Army in pay grade E-5.  On 22 March 1989, he was assigned to the 3rd Battalion, 502nd Infantry at Fort Campbell, KY.  He was deployed to Saudi Arabia from 23 August to 2 December 1990.

4.  On 1 November 1990, he was evaluated by a major of the Medical Corps, the Division psychiatrist.  The examiner found that the applicant met the physical retention standards prescribed in Army Regulation 40-501 (Standards of Medical Fitness).  The examiner further determined that the applicant was mentally responsible, able to distinguish right from wrong, able to adhere to the right, and had the mental capacity to understand and participate in proceedings.

	a.  The examiner diagnosed him with personality disorder (not otherwise specified), borderline, passive aggressive traits.

	b.  This condition was a deeply ingrained, maladaptive pattern of behavior of long duration which interfered with his ability to perform his duties.

	c.  The disorder and the problems presented by him were not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification within the military system.  

	d.  The condition was so severe that his ability to function effectively in the military environment was significantly impaired.  Efforts to rehabilitate or develop him into a satisfactory member of the military would not be effective.

	e.  The examiner recommended he be administratively eliminated from the military as expeditiously as possible.

5.  On 17 November 1990, his company commander submitted a memorandum to the battalion commander recommending the applicant for discharge.

	a.  In early September 1990 the applicant became withdrawn and unresponsive to questions from the chain of command.  He was referred to Mental Hygiene where he was diagnosed as having extreme depression and traits of a personality disorder as well as making suicide gestures.

	b.  On 27 September 1990 he was evacuated from a training exercise for another mental evaluation.  He had again become totally withdrawn, would not talk to anyone, and was unresponsive to any attempts at communications.  He was scheduled for regular counseling sessions at Mental Hygiene and transferred to Headquarters and Headquarters Company to perform non-leadership duties pending further evaluation.

	c.  On 1 November 1990, he was diagnosed as having a maladaptive personality disorder that was not amenable to treatment that would keep him from adequately performing his duties.

	d.  The Soldiers of the unit had twice seen the applicant evacuated for mental evaluation and inability to cope with stress.  He would not be able to lead Soldiers in this unit.  It would be a disservice to the Soldiers as well as [the applicant] to allow his continued service in the Army.

6.  His commander notified him that he was initiating action to discharge him under the provisions of chapter 5 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) based on his diagnosis of a personality disorder by the Division psychiatrist.  The commander further notified the applicant that he was recommending his period of service be characterized as honorable.

7.  The commander advised the applicant of his right to:

* submit statements in his own behalf
* be represented by counsel
* obtain copies of documents that would be sent to the separation authority supporting the proposed separation
* request a hearing before an administrative board
* waive any or all of these rights in writing and that failure to respond to within 7 days would constitute a waiver of his rights
* withdraw any waiver of rights at any time prior to the date the discharge authority directed or approved his discharge

8.  The applicant submitted a statement acknowledging that he had been advised by counsel of the basis for the contemplated action to discharge him under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  He waived his rights and stated he was not submitting statements in his own behalf.  He requested a copy of all documents being sent to the separation authority.  He acknowledged that he would be ineligible to apply for enlistment in the Army for 2 years after discharge.

9.  The applicant's commander recommended him for discharge due to a personality disorder and that his service be characterized as honorable.  The commander stated he was initiating the action due to the applicant having been diagnosed with a personality disorder which interfered with his ability to perform his duty.  The commander stated the applicant had a disorder which was so severe that his ability to function effectively in the military environment was significantly impaired.

10.  The appropriate authority approved the recommendation for discharge due to personality disorder and directed the applicant's service be characterized as honorable.

11.  On 7 December 1990, the applicant was honorably discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  He had completed 1 year, 9 months, and 10 days of active service during the period under review that was characterized as honorable.

12.  The applicant's service medical records were not available for review.

13.  The applicant applied to the Army Discharge Review Board (ADRB) to change the reason for his discharge.  On 16 May 1994, the ADRB reviewed and denied the applicant's request.  The ADRB determined that the reason for applicant's discharge was proper and equitable.

14.  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, not amounting to disability under Army Regulation 635-40, 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant received a mental evaluation by the Division psychiatrist on 
1 November 1990.  The Division psychiatrist diagnosed him with a personality disorder (not otherwise specified), borderline, passive aggressive traits.  He stated the applicant's condition was a deeply ingrained, maladaptive pattern of behavior of long duration which interfered with his ability to perform his duties.  The condition was so severe that his ability to function effectively in the military environment was significantly impaired.

2.  The applicant waived his right to an administrative board and he did not make a statement on his own behalf at the time of his separation.  He has provided no evidence showing the Division psychiatrist's diagnosis was incorrect.

3.  The type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would tend to jeopardize his rights.

4.  In view of the above, there is no basis to change the reason for his discharge.

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)                                         AR20120016335



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ABCMR Record of Proceedings (cont)                                         AR20120016335



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