BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003518 


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 discharge.

2.  The applicant states, in effect, that his discharge for unsuitability - personality disorder was in error and without justification.  He further, contends that he did not receive a psychiatric examination and that he was discharged for unsuitability based on numerous medical visits.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a Personality Disorder article from the Mayo Clinic.

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 (RA) on 13 February 1980.
3.  His complete medical records are not available for review; however, his record contains a DA Form 3822-R (Report of Mental Status Evaluation), dated 
20 August 1981, which shows that the applicant underwent a mental status evaluation in accordance with regulatory guidance for all member being consider for discharged for unsuitability.  The Army psychiatrist diagnosed the applicant with a personality disorder, mixed type, passive-aggressive and aggressive.  He stated the applicant's condition was not amenable to hospitalization, treatment, transfer, disciplinary action, training or reclassification to another type of duty within the military.  Further, that it was unlikely that efforts to rehabilitate or develop the applicant into a satisfactory member of the military would be successful.

4.  The psychiatrist further stated that the applicant's profile indicated a marked unsuitability for service within the military and that administrative separation was entirely appropriate if deemed advisable by his command.

5.  On 28 September 1981:

a. he was notified by his unit commander that separation action was being
initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 13-4b, unsuitability- personality disorder.

b. he acknowledged receipt of the proposed separation action against him
and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and of the effect of any action taken by him in waiving his rights.

6.  On 30 September 1981, his commander cited in his recommendation for separation that the applicant had been counseled on several occasions for incidents which included improper uniform, security violations, and poor performance.  He also indicated that the Report of Mental Status evaluation and medical examination were attached.

7.  On 2 October 1981, the separation authority approved the applicant's separation and directed that the applicant be separated under the provisions of Army Regulation 635-200, paragraph 13-4b for unsuitability.  He determined his service would be characterized as honorable and that he would be issued a Honorable Discharge Certificate.



8.  On 21 October 1981, the applicant was discharged accordingly.  The DD Form 214 he was issued shows the narrative reason for his discharge as "Unsuitability-Personality Disorder" under the provisions of chapter 13-4b, Army Regulation 635-200, with his service characterized as honorable.

9.  There is no indication the applicant applied to the Army Discharge Review Board to change the narrative reason for his discharge.

10.  The applicant provides a Personality Disorder article written by a staff member from the Mayo Clinic.  This article discusses in detail the definition, symptoms, and treatment of this mental illness.

11.  Army Regulation 635-200, paragraph 13-4 at the time, provided for separation due to personality disorder.  When a Soldier did not develop sufficiently to participate satisfactorily in military training or improve his conduct and work efficiency, the commander was to initiate separation action prior to the Soldier's expiration of his term of service.  Discharge for personality disorder required a diagnosis by a psychiatrist based on the Diagnostic and Statistical Manual (DSM-II) of Mental Disorders, International Classification of Diseases and Injuries.  The DSM-II criterion for personality disorder includes a deeply ingrained, maladaptive pattern of behavior of a long duration interfering with an individual's ability to adapt and work.  From an Army medical viewpoint, every Soldier diagnosed as having a personality disorder is capable of controlling his actions.  Finally, when separation for unsuitability based on personality disorder was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.

12.  Army Regulation 635-5-1 (Separation Program Designator Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code "JMB" is the appropriate code to assign Soldiers separating under the provisions of Army Regulation 635-200, paragraph 13-4b, due to unsuitability-personality disorders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the narrative reason of unsuitability- personality disorder for his discharge is in error because he did not receive a mental status evaluation.

2.  The applicant's records clearly show that he received a mental health evaluation as was required for members being considered for separation under the provisions of Army Regulation 635-200, chapter 13, unsuitability-personality disorder.  A psychiatrist diagnosed the applicant with a personality disorder with a marked unsuitability for service with the military and he was subsequently recommended for separation.

3.  The Mayo Clinic article provided by the applicant is insufficient evidence alone to render his diagnoses flawed.  Further, there is no available evidence and the applicant has not provided any evidence to show his personality disorder was in error or that he was not properly and equitably discharged in accordance with the regulations in effect at the time.  It appears that all requirements of law and regulations were met and that his rights were fully protected throughout the separation process; therefore, his narrative reason for separation.

4.  In view of the above, his request should be denied.

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)                                         AR20130003518





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ABCMR Record of Proceedings (cont)                                         AR20130003518



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