IN THE CASE OF:	  

		BOARD DATE:  11 July 2013

		DOCKET NUMBER:  AR20130005020 


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 change of his narrative reason for separation from personality disorder to something else.

2.  The applicant states he did not have a personality disorder.  He did not understand what was going on when his discharge action was being processed.  He had planned on serving for 20 years.  In any case, he never received any treatment for the personality disorder that the military said he has.  He had no signs of a personality disorder during or after his military service.  The only treatment he received was from the Department of Veterans Affairs (VA) and that was for lower back pain, feet, and migraines.  When he met with a mental health provider at Fort Wainwright, AK, he was told he would be discharged for a personality disorder but he did not know what it meant.  He thought it only meant that he did not get along with someone.  Later, he found out that such coding is negative.  He does not even have post-traumatic stress disorder.  All he ever wanted was to serve and make a career out of the Army.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* CareerScope ® Summary Report and Assessment Profile, dated
25 January 2013
* Letters of recommendation
* Professional reference sheet

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 on 2 August 2000 and he held military occupational specialty 63B (Wheeled Vehicle Mechanic).  He served through one reenlistment and he attained the rank/grade of sergeant (SGT)/E-5.  He served in Iraq from 12 August 2005 to 15 August 2006.

3.  On 2 August 2006, he underwent a mental status evaluation at the
47th Combat Support Hospital (CSH), Mosul, Iraq.  The military psychiatrist stated:

	a.  [Applicant] presented today for an urgent psychiatric assessment at the 4th CSH, Forward Operating Base (FOB) Diamondback.  He was medically referred by psychology after presenting with long-standing problems with depression, self-mutilating behaviors, and escalating suicidal thoughts over the past several months.  At the time of this assessment, [Applicant] was having difficulty not acting on those thoughts.

	b.  This Soldier is depressed.  He has been struggling for many months against self-harm and has reached the end of his coping ability.  He is no longer an asset to his unit and he is becoming an increasing liability each day.  The military psychiatrist opined he did not believe [Applicant] had the ability to manage an extension of this deployment and he had grave concerns [Applicant] will harm himself if he is required to remain in theater.  The applicant was diagnosed with:

* Axis I: Adjustment Disorder with Depressed Mood; Reoccurring Major Depressive Disorder, Recurrent, Severe, without Psychotic Features
* Axis II: Diagnosis Deferred, Reoccurring Antisocial Personality Disorder
* 
Axis III: Migraine Headaches, by history

	c.  The military psychiatrist also stated (in the recommendation portion of the mental status evaluation) that he had the capacity to medically evacuate [Applicant] back to Fort Wainwright for treatment at a higher echelon of medical (psychiatric) care.  As a medical corps officer, he is only a consultant to the line and does not have command authority over the applicant.  The applicant would need a letter of release from theater before he (the psychiatrist) could coordinate his evacuation.  In the interim, the applicant needed close supervision and monitoring by responsible members of his chain of command to guard against self-harm.  It is not prudent to allow him access to weapons or ammunition.  He should be escorted to the nearest emergency medical facility if he becomes dangerous.

	d.  A recommended treatment plan would be to medically evacuate him, with escort, to Landstuhl Regional Medical Center (LRMC) (Germany) and evaluation by Inpatient Psychiatry for follow-up risk assessment and treatment planning.  It was recommended that [Applicant] be prohibited from accessing lethal means (i.e., secure weapon, sharp objects) and be put on one-to-one supervision until reevaluated and determined to be low-risk by a doctoral-level behavioral health provider.  It was also recommended that [Applicant] be given a full psychological assessment in an effort to rule out the presence of a chronic major depressive disorder or personality disorder.  If warranted, it was recommended the [Applicant] be administratively separated from the Army in accordance with Army Regulation 635-200 (Personnel Separations – Active Duty Enlisted Administrative Separations).  The above recommendations have been discussed with the service member who acknowledged that he understood them.

4.  On 29 September 2006, the applicant underwent a separation medical physical and he was found medically qualified for separation. 

5.  On 20 November 2006, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder.  He recommended an honorable characterization of service.

6.  The applicant acknowledged receipt of the notification of separation action and he consulted with legal counsel, wherein he 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 27 December 2006, 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 applicant be issued an honorable characterization of service. 

9.  On 3 March 2007, the applicant was discharged accordingly.  The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13 with an honorable discharge.  He completed 6 years, 7 months, and 2 days of creditable active service.  Item 26 (Separation Code) shows the entry "JFX."

10.  In connection with the processing of this case, on 6 June 2013, an advisory opinion was obtained from the Office of The Surgeon General (OTSG), Director of Health Care Delivery.  The advisory official states conclusions for this advisory opinion are drawn solely based on available documentation from the applicant's time on active service unless otherwise noted.

	a.  The records related to the applicant's Behavioral Health visits while deployed are not available.  A memorandum, dated 2 August 2006, for the commander from the applicant's psychiatrist stated he was seen "after presenting with long-standing problems with depression, self-mutilating behaviors, and escalating suicidal thoughts over the past several months."  The psychiatrist concluded the applicant was depressed and had "reached the end of his coping ability" when facing a 4-6 month extension of deployment.  On 7 August 2006, at LRMC, the psychiatrist recorded [Applicant's] history of intermittent depression since age 12, self-cutting behaviors since age 15, and recurrent illegal behaviors and legal trouble as an adolescent.  A later note indicated the last reported incident of cutting to be in 2001.  The psychiatrist assessed [Applicant] exhibited poor judgment and impulse control and diagnosed him with Dysthymic Disorder and Borderline Personality Disorder.  The specific depressive diagnosis was not clearly supported by the documentation in the note, though a depressive disorder was likely.  Also, the documented history better supported Personality Disorder Not Otherwise Specified (NOS) with Borderline and Antisocial Traits.

	b.  Back at his home station, [Applicant] reported feeling better away from the deployed setting and at home with his wife.  The depressive diagnosis changed 

to Depressive Disorder NOS, although he denied experiencing depressive symptoms at the time.  Additional history included anger issues with an anger management class prior to deployment, and the applicant's belief he would likely not be able to refrain from self-harm were he to deploy again.  Seen on
24 August 2006, [Applicant] reported continuing to do well and his provider discussed with him an administrative separation for personality disorder given potential consequences related to his coping style should he deploy again.  Page two of his DA Form 3822 (Report of Mental Status Evaluation) of the same date described his depression as resolving since redeployment.  At the end of
August 2006, [Applicant] continued to report doing well, not having any work difficulties, not having suicidal thoughts, and other depressive issues were not noted.  Seen for a follow up session on 19 September 2006, he did not report any depressive symptoms and the depression diagnosis was dropped, with the personality disorder remaining.  He was seen one final time prior to discharge with no change in his behavioral health status.  Although he reported PTSD on his DA Form 2807-1 (Report of Medical History), there was no evidence of post-traumatic stress symptoms in the record, including his post-deployment health assessments.  The Department of Veterans Affairs Compensation and Pension Report 8 months following his discharge stated [Applicant] did not have symptoms of PTSD nor a depressive disorder, and with a similar reported history, gave the diagnosis Personality Disorder with Borderline and Antisocial Features.

	c.  The record supported a personality disorder diagnosis given the applicant's self-report of his history.  Since his depressive issues had resolved at the time of his discharge, his Behavioral Health record did not support referral to a Medical Evaluation Board.

11.  On 7 June 2013, the copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

12.  Army Regulation 635-200 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.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests to change his narrative reason for separation to something else 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 under the provisions of Army Regulation 635-200, paragraph 5-13.  His separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  His narrative reason for separation was assigned based on the recommendation for and his subsequent discharge under the provisions of Army Regulation 635-200, paragraph 5-13 for a personality disorder.  Absent this condition, there was no fundamental reason to process him for a discharge.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code of JFX is "personality disorder."  As such, he received the appropriate narrative reason for separation and the correct corresponding separation code.

4.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20130005020



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ABCMR Record of Proceedings (cont)                                         AR20130005020



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