IN THE CASE OF:	  

		BOARD DATE:  13 June 2013

		DOCKET NUMBER:  AR20120022465 


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 his separation to read "post-traumatic stress disorder (PTSD)" in lieu of "personality disorder."

2.  The applicant states he was not screened for PTSD or a traumatic brain injury (TBI) at the time of his discharge.  According to the current Department of Veterans Affairs (VA) guidelines, he should have been screened for PTSD and TBI.  After his discharge, he saw a private clinical professional who opined that he does not suffer from personality disorder but rather mild to moderate PTSD.

3.  The applicant provides a letter from a licensed social worker.

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 he enlisted in the Regular Army on 20 June 2001 and he held military occupational specialty 11B (Infantryman).  He served in Afghanistan/Kuwait from 20 June 2002 to 30 September 2002 and in Iraq from 9 March 2003 to 25 April 2003.

3.  On 3 September 2003, he underwent a mental status evaluation on a walk-in basis at the Behavioral Health Clinic, Madigan Army Medical Center, WA.  The clinical neuropsychologist noted the following:

	a.  His behavior was normal, he was fully alert and oriented, his mood was depressed, his thinking process was clear, his thought content was normal, and his memory was good.

	b.  He was scheduled to deploy to the field for 60 days and he had previously deployed to Afghanistan in 2002 and then to Iraq earlier this year.  His first deployment was uneventful but the second was different as he had a friend who was killed in a suicide bombing and his best friend contracted a severe case of malaria.  He felt very anxious at the prospect of learning a new weapon system and redeploying.  He did not feel he could handle combat arms or function in a combat unit.  He wanted a reassignment to a non-combat unit.  He cited a number of symptoms of depression but denied suicidal or homicidal ideation.

	c.  He was diagnosed with an adjustment disorder with mixed anxiety and depressed mood and recurring PTSD.  The neuropsychologist recommended the applicant's non-deployment as he could be a detriment to the unit mission.  He was not fit to handle weapons and he should schedule a follow-up evaluation.

4.  On 8 January 2004, he underwent a second mental status evaluation at the Madigan Army Medical Center Behavioral Health Clinic at the request of his commander.  The clinical neuropsychologist noted the following:

	a.  His behavior was normal, he was fully alert and oriented, his mood was unremarkable, his thinking process was clear, his thought content was normal, and his memory was good.

	b.  The evaluation revealed the applicant was at a minimal level of risk of danger to himself or others.  He denied suicidal or homicidal ideations, plans, or intent.  He reported a history of anger and aggressive behavior related to circumstances that existed prior to his entry on active duty and with issues that developed during his time in the military.  Information from his treatment records and discussions with his health care provider indicated a long-standing pattern of maladaptive behavior in coping with stress.  He had participated in treatment at this clinic since September 2003 with little significant change in this pattern of behavior.

	c.  He was diagnosed with an adjustment disorder with depression and anxiety and a personality disorder (not otherwise specified (NOS)).  His administrative separation was recommended.

5.  On 19 February 2004, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him because of a personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13.  He cited that mental physicians had found a long-standing disorder of character, behavior, and adaptability that was of such severity as to preclude adequate military service.  He recommended an honorable character of service.

6.  On 19 February 2004, the applicant acknowledged receipt of the notification of separation action.  He consulted with legal counsel and was advised of the basis for the contemplated separation and of the rights available to him in connection with the action.  Subsequent to receiving legal counsel, the applicant elected not to submit statements in his own behalf.

7.  Subsequent to this acknowledgement, the immediate commander initiated separation action against the applicant under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  His intermediate commander recommended approval.

8.  On 24 February 2004, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder and directed the characterization of the applicant's service as honorable.  On 23 March 2004, the applicant was discharged accordingly.

9.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.  He completed 2 years, 9 months, and 4 days of active service.  He was assigned the separation program designator code "JFX."

10.  He provides a letter from a licensed social worker at a civilian clinical care consulting office, dated 27 June 2012, who states:

* he began working with the applicant in 2009
* the applicant sought treatment for insomnia, compulsivity, and lack of motivation
* the applicant was experiencing a moderate level of depression as well as anxiety
* during the assessment, it appeared that the applicant's symptoms and behavior may have been related to his military service and he was most likely dealing with PTSD
* the applicant participated in 20 hours of psychotherapy between April 2009 and March 2011 and this had had a positive outcome for him
* he opines that the applicant did not have a personality disorder as evidenced by his flexible and adaptive personality traits, ability to learn, and normal-range personality development
* it is likely that the applicant was experiencing PTSD while still in the military prior to his discharge

11.  In connection with the processing of this case, an advisory opinion was obtained from the Director of Health Care Delivery, Office of the Surgeon General (OTSG), dated 30 April 2013.  The OTSG official states the applicant requested removal of "personality disorder" as his reason for discharge.  Conclusions for this advisory opinion are drawn solely based on available documentation from the applicant's period of active service unless otherwise noted:

	a.  After deploying twice, the applicant sought behavioral health counseling from 3 September 2003 through 18 March 2004.  Initially, he presented with relationship issues, headaches, sleep disruptions, significant anxiety symptoms, and emotionality.  His anxiety attacks are noted as starting after his first deployment.  During his second deployment, he lost a friend to a suicide bombing and his best friend contracted a severe case of malaria.  He reportedly felt very anxious thinking about upcoming training, deploying again, and stated, "I don't want to have to point my weapon at anybody again."  He received a diagnosis of adjustment disorder with depressed and anxious mood and "rule out" PTSD.

	b.  He began attending regular post-deployment adjustment group sessions.  The note for his sixth group session during which he reported nightmares and was noted to interrupt often and focus on himself, added the diagnosis of personality disorder (NOS).  There is no support documented for this diagnosis.  After eight sessions, he transferred to a different group.  He told his new group that he was told he was too disruptive in the previous group.  However, the notes reflect only one session where he was disruptive.  The reason for the change was not documented.  After attending one session in the new group, he was seen in individual therapy until his discharge.

	c.  At his first post-group session, the psychologist stated the applicant was referred to him for a diagnostic interview.  The diagnosis did not change and there is no support offered for the personality disorder diagnosis.  One note stated, "….his Axis II diagnosis had become more salient" throughout the treatment process, though again, no specifics were offered.  A fitness-for-duty evaluation was conducted on 8 January 2004 and the note only contained the information recorded on his DA Form 3822-R (Report of Mental Status Evaluation) of the same date.  The evaluation notes did not provide information regarding what pattern of behaviors or ways of coping or thinking were problematic, nor did they provide any specific history to support the long-standing issues that are a requirement for diagnosing a personality disorder.  On 18 February 2004, his third to last session, "Adjustment Disorder with Anxiety and Depressed Mood" was dropped prior to becoming a chronic adjustment disorder and "Phase of Life Problem" was added.  Notes do not support the change – however, with the inclusion of such information as improved sleep, decreased anxiety, or improved mood – so the extent of his improvement is unclear.  Given his discharge from the Army was near, it is likely many of his anxiety and depressive symptoms were at least reduced.  Given the downgrade in diagnosis, it is unlikely that he qualified for a diagnosis that would have indicated a referral for a medical evaluation board (MEB).

	d.  The records do not support an adequate assessment of his PTSD symptoms, nor are the symptoms for a diagnosis of PTSD documented in the records.  The applicant did seek help at the VA some 8 months following discharge and the psychiatrist diagnosed him with depressive disorder (NOS) and adjustment disorder with anxiety and depressed mood.  The notes stated he had symptoms of PTSD; however, he did not meet full criteria for the diagnosis.  This does not preclude the possibility that he developed all the symptoms of PTSD later in his life.  The applicant's records do not support a personality disorder, PTSD, or other diagnosis requiring an MEB at the time of his discharge.

12.  On 20 May 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 not replied.

13.  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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to change the narrative reason for his separation has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant underwent a mental status evaluation that led to a diagnosis of a personality disorder.  Accordingly, his chain of command initiated separation action against him.  His separation processing was accomplished in accordance with regulatory guidance.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

3.  The evidence of record contains two mental status evaluations completed on the applicant that confirm a diagnosis of personality disorder not amounting to disability was made by proper medical authority.  The applicant's records are void of any indication that he was suffering from an unfitting PTSD condition at the time of his discharge.  As confirmed by the OTSG advisory opinion, there is insufficient medical evidence to support an unfitting PTSD finding at the time of his discharge.

4.  Absent any evidence of error or injustice in the separation process or medical evidence confirming the applicant was suffering from an unfitting PTSD condition at the time of his discharge and in view of the foregoing, 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 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)                                         AR20120022465



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ABCMR Record of Proceedings (cont)                                         AR20120022465



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