IN THE CASE OF:	   

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20130005046 


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, in effect, that her narrative reason for separation be changed from personality disorder to medical discharge – post-traumatic stress disorder (PTSD). 

2.  The applicant states "they" have placed her as having a personality disorder and she does not have this issue.  At the time there was no real requirement to test for PTSD in Soldiers and now she has been diagnosed through the Department of Veterans Affairs (VA) (which is where every record needed for this is) properly with PTSD.  She is a disabled veteran now with a 50-percent (50%) rating of which 30% is PTSD.  She would like the personality disorder reason removed as soon as possible.  Had she known she could change it this would have been done a long time ago.  The doctor at Fort Hood, TX, told her that he had no other way to discharge her at the time as well.  This is an incorrect evaluation of her and she would like her record to be valid and state what should be stated.  

3.  The applicant did not provide any evidence. 

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.  Having had prior service in the Ohio Army National Guard (OHARNG), the applicant enlisted in the Regular Army on 28 June 2004 and she held military occupational specialty 31B (Military Police). 

3.  On 25 September 2004, the Chief of Psychology Department at Darnall Army Community Hospital, Fort Hood, TX, rendered the following statements:

* he had seen the applicant for three crisis intervention sessions; each session was marked by tearfulness, bordering on hysteria
* in interviewing her, she did not deal well with stress; she was psychiatrically evacuated from Kuwait in 2003 when her ARNG unit deployed
* she was sent to no less than four psychiatric evaluations and placed on multiple different psychiatric medications
* his diagnostic impression of her was severe Personality Disorder which had caused her to be unable to adapt to the structure of military life
* she did not qualify for a security clearance as she was manifestly emotionally unstable
* given that she had already failed one deployment, she was unlikely to fare better on a second
* he recommended against using her for law enforcement duties and an immediate suspension of her security clearance

4.  On 5 October 2004, she underwent a command-directed mental status evaluation at the Psychology Clinic, Darnall Army Hospital, Fort Hood, TX.  The military Chief of Psychology stated:  

	a.  Her behavior was passive; she was fully alert and oriented; she had an anxious mood; a clear thinking process, and good memory with normal thought contents.  She was diagnosed with:

* Axis I: Occupational Problems
* Axis II: Histrionic Personality Disorder, Chronic and Severe

   b.  She had manifested a long history of inability to deal with stress and "emotional meltdowns," which previously caused her to be removed from Kuwait for emotional reasons in 2003, while a member of the OHARNG.  This pattern of emotional instability renders her non-functional as a military police officer, and she is unlikely to succeed in her military occupational specialty.  She was recommended for administrative separation in a manner which bars further military service.  Personality problems like this are handled by Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) rather than medical cases, and she has no diagnosable mental disease or condition which would require disposition through Army medical channels.  She reports no suicidal or homicidal thoughts at this time.  She is cleared for administrative actions deemed appropriate by her chain of command. 

5.  On 17 October 2004, the applicant's immediate commander notified the applicant of his intent to initiate separation action against her under the provisions of paragraph 5-13, Army Regulation 635-200 because of a personality disorder, chronic and severe, with occupational problems.  Her pattern of emotional instability rendered her nonfunctional as a military police officer and she was unlikely to succeed in any military specialty.  He recommended an honorable character of service.   

6.  The applicant acknowledged receipt of the notification of separation action and she consulted with legal counsel and was advised of the basis for the contemplated separation and of the rights available to her in connection with the action.  Subsequent to receiving legal counsel, the applicant elected not to submit statements in her 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.  Her intermediate commander recommended approval. 

8.  On 2 November 2004, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder and directed the applicant be issued an honorable characterization of service.  On 9 November 2004, the applicant was discharged accordingly.  

9.  Her DD Form 214 shows she was discharged under the provisions of chapter 5-13 of Army Regulation 635-200 with an honorable character of service.  She completed 11 months and 9 days of active service during this period and she had 2 years, 4 months, and 27 days of prior active service.  She was assigned Separation Code "JFX." 

10.  In connection with the processing of this case, an advisory opinion was obtained on 6 June 2013 from the Office of The Surgeon General (OTSG), Director of Health Care Delivery.  The OTSG official states the applicant requested her reason for discharge be changed from Personality Disorder to PTSD.  Conclusions for this advisory opinion are drawn solely based on available documentation, and records available for this review are extremely limited since the applicant's time in the service predated consistent use of electronic records. There were no electronic behavioral health records from her time in service.

	a.  Pre- and post-deployment health assessments were available for two deployments.  Prior to her second deployment in 2003, she denied in the past year having sought counseling for mental health issues on her February assessment, then indicated she did seek counseling on her March assessment, suggesting she engaged in counseling in the interval.  She deployed in May of that year.  On her post-deployment assessments, she did not endorse any PTSD symptoms.  On one post-deployment assessment she endorsed feeling down, depressed or helpless "some" over the previous two weeks and not at all on the reassessment.

	b.  A psychologist writing a 25 September 2004 memorandum stated the applicant had recently transitioned from the National Guard and was seen by him for three crisis intervention sessions.  The psychologist reported that during her time in the National Guard, she had four psychiatric evaluations, though the reasons are not stated, and had been on Zoloft, Paxil, and Celexa which did not help her cope or adapt.  It is unclear when she was on those medications.  The medication list history from June 2002 through November 2004 showed Zoloft filled 17 June and 9 August 2002, and no other psychotropic medication during that period was recorded.  The psychologist noted she had been psychiatrically evacuated from deployment in 2003, reported as being for emotional reasons on the 5 October 2004 Report of Mental Status Evaluation.  The Report of Mental Status Evaluation also recorded the diagnoses Occupational Problems and Histrionic Personality Disorder, Chronic and Severe, and recommended administrative separation in accordance with Army Regulation 635-200, paragraph 5-13.  

	c.  There is insufficient information to draw retrospective conclusions regarding her diagnoses.  If the applicant would like to submit additional records from her time in service, a further review could be accomplished.

11.  On 7 June 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, she has failed to reply.   

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 "JFX" SPD code is the correct code for members separating under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's requests to change the narrative reason for 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, her chain of command initiated separation action against her.  Her 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.  The evidence of record contains at least two mental status evaluations completed on the applicant that confirmed a diagnosis of personality disorder not amounting to disability was made by proper medical authority.  The record is void of any clear indication that the applicant was suffering from an unfitting PTSD condition at the time of her discharge.  As confirmed by the OTSG advisory opinion, there is insufficient evidence to draw a conclusion regarding PTSD at the time of her separation.  There is insufficient medical evidence to support an unfitting PTSD finding at the time of discharge.  

4.  Her narrative reason for separation was assigned based on the fact that she was discharged 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 her for a medical discharge.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code is "JFX."  Therefore, she received the appropriate narrative reason for separation and the correct corresponding Separation Code.



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)                                         AR20130005046





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ABCMR Record of Proceedings (cont)                                         AR20130005046



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