IN THE CASE OF:	  

		BOARD DATE:	  29 April 2014

		DOCKET NUMBER:  AR20130015030 


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 release from active duty (REFRAD) be voided and that she be medically retired with at least a 50% service-connected disability rating. 

2.  The applicant states that she was REFRAD and was committed to a psychiatric unit and was discharged with a diagnosis of anxiety, psychosis and hysteria.  She goes on to state that 38 Code of Federal Regulations (CFR) 4.129 states that when mental disorders develop in service and bring about discharge, the rating agency shall assign no less than a 50% disability rating.  She has been plagued with nervousness, fear, confusion, and mental illness since her discharge from the military. 

3.  The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), three pages from her medical records, a copy of her separation physical, and three pages from 38 CFR 4.1.   

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 21 October 1980 for a period of 3 years and training as a medical specialist.  She completed his basic training at Fort McClellan, Alabama and her advanced individual training at Fort Sam Houston, Texas before being transferred to Germany on 21 March 1981. 

3.  The facts and circumstances surrounding her administrative REFRAD are not present in the available records as they were loaned to the Department of Veterans Affairs (VA) in Montgomery, Alabama in 1986.  However, her records do contain a DD Form 214 which shows that she was honorably REFRAD on      5 November 1981 under the provisions of Army Regulation 635-200, paragraph 5-31h(1), and the Expeditious Discharge Program (EDP) due to failure to maintain acceptable standards for retention.  She had served 1 year and 15 days of active service and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  She was honorably discharged from the USAR on     27 August 1987.

4.  The documents, dated 1981, submitted by the applicant with her application show that she was diagnosed as borderline state in hysterical character disorder, chronic, severe, Pre-disposition – unknown, Stress – Military Life, Impairment – Marked.

5.  The Department of the Army began testing the EDP in October 1973.  In a message, dated 8 November 1974, the Deputy Chief of Staff for Personnel announced the expansion of the EDP.  The program provided for the separation of Soldiers whose acceptability, performance of duty, and/or potential for continued effective service fall below the standards required for retention in the Army.  Soldiers could be separated under this program when subjective evaluation of their commanders identified them as lacking qualities for continued military service because of attitude, motivation, self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential.  Soldiers considered for separation under this expanded program had to agree to separation under this program.  Soldiers who did not agree to separation under this provision were not exempt from separation under another provision of the regulation.    

6.  Army Regulation 40-501 (Standards of Medical Fitness) states personality/character disorders are considered to render an individual administratively unfit rather than unfit because of physical illness or medical disability.  These conditions will be dealt with through appropriate administrative channels.  

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it must be presumed that the applicant’s administrative REFRAD was accomplished in accordance with applicable regulations with no violations of the applicant’s rights.  Accordingly, her REFRAD and the reasons therefore were appropriate under the circumstances.

2.  It is also noted that the applicant was diagnosed with a borderline character disorder and she was REFRAD due to failure to maintain acceptable standards for retention.  Had she not been deemed fit for separation, she would not have been transferred to the USAR.

3.  Without the facts and circumstances surrounding her REFRAD, it is difficult at best to determine with any degree of certainty exactly what happened in her case that led to her REFRAD.  Additionally, a personality/character disorder are considered to render an individual administratively unfit rather than unfit because of physical illness or medical disability.  

4.  Accordingly, it must be presumed that she was properly released from active duty in accordance with the applicable laws and regulations in effect at the time.

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)                                         AR20130015030





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ABCMR Record of Proceedings (cont)                                         AR20130015030



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