IN THE CASE OF:	  

		BOARD DATE:	  27 February 2014

		DOCKET NUMBER:  AR20130012214 


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 a change in the narrative reason for separation (personality disorder) shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  He states his narrative reason for discharge is inhibiting his future in law enforcement.  When he was discharged he had no idea of the negative effects his discharge would have on his future endeavors.  He has a good moral character, and he has always been gainfully employed, serving primarily as a public servant.  He wishes to pursue a career in law enforcement, but his narrative reason for discharge is adversely affecting him.

3.  The applicant provides his DD Form 214 and a letter from the Police Department, City of Philadelphia. 

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.  On 19 July 1990, the applicant enlisted in the Regular Army.

3.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 22 January 1991, shows an Army psychiatrist diagnosed the applicant with passive aggressive personality disorder, chronic, severe.  The psychiatrist found:

* he met retention standards prescribed in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3
* no psychiatric disease or defect warranting disposition through medical channels
* the diagnosis represented a character and behavior disorder within the meaning of Army Regulation 40-501 and Army Regulation 635-200 (Personnel Separations - Enlisted Personnel)
* the applicant and the problem presented were not amenable to hospitalization, disciplinary action, training, or reclassification 
* it was unlikely that efforts to rehabilitate or develop the applicant into a satisfactory member of the military would be successful
* his personality disorder was of such severity that it impaired his ability to perform his daily military duties

4.  Additionally, the psychiatrist stated the applicant was cleared for any administrative action deemed appropriate by his chain of command.

5.  On 2 April 1991, the applicant's commander notified him he was initiating action to separate him under the provisions of Army Regulation 635-200, paragraph 5-13.  His commander stated the basis for the proposed action was the diagnosis of a personality disorder of such severity that it impaired his ability to perform his daily military duties.  His commander informed him he would receive an honorable discharge if his separation was approved.

6.  On 3 April 1991, the applicant consulted with counsel who advised him of the basis for his contemplated separation and its effects, the rights available to him, and the effect of a waiver of his rights.  After consulting with counsel, the applicant elected not to submit statements in his own behalf.  

7.  On 16 April 1991, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-13, and directed he receive an honorable discharge.

8.  On 3 May 1991, he was discharged in accordance with the separation authority's decision.  His DD Form 214 shows in:

* item 25 (Separation Authority) – "AR 635-200 Para 5-13"
* item 28 (Narrative Reason for Separation) – "Personality Disorder"

9.  He provides an undated letter from the Police Department, City of Philadelphia, showing his application for employment as a Philadelphia Police Officer was rejected for the following reasons:  "poor driving record, unsatisfactory military record, and unsatisfactory credit."

10.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 at the time provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 that interfered with assignment to or performance of duty.  The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  The regulation also directed that commanders would not take action prescribed in this chapter in lieu of disciplinary action, required that the diagnosis concluded the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10; or Army Regulation 635-40.

11.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the narrative reasons for separation to be entered in item 28 of DD Form 214.  The version in effect at the time of the applicant's discharge stated the narrative reason "personality disorder" was to be used for separations under the provisions of Army Regulation 635-200, paragraph 5-13.

DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support changing the narrative reason for discharge (personality disorder) shown on the applicant's DD Form 214.  

2.  The evidence confirms he was diagnosed with a personality disorder by competent medical authority.  Based on this diagnosis, Army Regulation 
635-200, paragraph 5-13, was the appropriate authority for his separation.  The associated narrative reason for separation was correctly entered on his DD Form 214.  The evidence further shows that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

3.  While the narrative reason for separation may inhibit his ability to pursue a career in law enforcement that alone is not a sufficient basis for changing a properly-recorded narrative reason for discharge.

4.  In view of the foregoing, there is no basis for 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 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)                                         AR20130012214



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ABCMR Record of Proceedings (cont)                                         AR20130012214



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