IN THE CASE OF:	

		BOARD DATE:	  6 March 2014

		DOCKET NUMBER:  AR20130011530 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 11 February 1992 be corrected as follows:

* remove the entry concerning his separation pay in the amount of $13,166.40
* remove the narrative reason for his separation 
* use abbreviations for his awards and decorations
* legibly show the character of his service as honorable

2.  He states that his separation pay of $13,166.48 was taken back when the Department of Veterans Affairs (VA) determined he had post-traumatic stress disorder (PTSD).  Therefore, item 28 (Narrative Reason for Separation) of his 
DD Form 214 is incorrect.  He also states that since his awards and decorations were spelled-out instead of using the abbreviations, some of the entries were mixed in with item 18 (Remarks).  Additionally, he states that item 24 (Character of Service) is illegible and looks as if it was tampered with.

3.  He provides two DD Forms 214 and his VA Rating Decision. 

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 record shows that after having prior service in the Regular Army (RA) and being honorably separated on 16 September 1976, approximately 10 years later on 10 September 1986, he reenlisted in the RA.  

3.  On 15 November 1991, the applicant underwent a psychiatric evaluation and was diagnosed as having an adjustment disorder with mixed emotional features and obsessive-compulsive personality disorder.  The medical official said the applicant presented symptoms and had a history compatible with the diagnosis of a personality disorder.  He was psychiatrically cleared for separation from the service under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) or other administrative action deemed appropriate by the command. 

4.  On or about 17 December 1991, the applicant’s commander recommended that he be discharged under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder.  

5.  On 17 December 1991, the applicant acknowledged receipt of the discharged action.

6.  On 17 January 1992, he signed his "Election of Rights" which showed that he was advised by his consulting counsel of the basis for the contemplated action to separate him for personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13.

7.  On 11 February 1992, the applicant was honorably discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  His DD Form 214 shows in:

* Items 13 - all awards and decorations are spelled-out 
* Item 18 - Block 13 (indicating continuation from block 13) and separation pay:  $13,166.40
* Item 24 - Honorable (but it is largely illegible)
* Item 28 - Personality Disorder
8.  The applicant submitted his VA rating decision, dated 24 June 2008, that shows he was awarded a 50 percent disability rating, effective 16 January 2007, for service connection for PTSD.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.
The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It specifies for: 

   a.  Item 13 list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 (Military Awards).  Do not use abbreviations.

	b.  Item 18 use this block for Headquarters, Department of the Army mandatory requirements when a separate block is not available, and as a
continuation for entries in blocks 11, 13, and 14.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the entry concerning his separation pay in the amount of $13,166.40 be removed.  However, by his own admission he received this money, but he was required to "pay it back" to the VA after receiving his VA rating. The fact that he was required to repay his separation pay prior to receiving VA benefits is not sufficient ground to remove this entry from his DD Form 214.  Therefore, his DD Form 214 is correct as constituted.

2.  The applicant maintains he was diagnosed with PTSD by VA and therefore, the narrative reason of personality disorder is incorrect.  However, the evidence of record shows he underwent a psychiatric evaluation on 15 November 1991 and was diagnosed with a personality disorder.  It further shows that on
17 January 1992, he signed his "Election of Rights" acknowledging that he was being separated for personality disorder.  Therefore, the VA rating decision submitted 16 years later is not sufficient as a basis to approve his request.

3.  As cited in paragraphs 9 above, abbreviations are not authorized to be used when listing awards and decorations.  Additionally item 18 can be used to as a continuation block for item 13.  Therefore, his DD Form 214 is correct as constituted.


4.  The honorable character of service on his DD Form 214 is not totally legible. While the applicant's Honorable Discharge Certificate along with his DD Form 214 and this Record of Proceedings could be used together to clarify any questions or confusion in regard to his honorable character of service it would cause no harm to correct his DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 so as to clearly show his characterization of service as Honorable.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 by removing the entry concerning his separation pay, removing the narrative reason for his separation, or using abbreviations for his awards and decorations. 



      _______ _   _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)                                         AR20130011530





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ABCMR Record of Proceedings (cont)                                         AR20130011530



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