IN THE CASE OF:	  

		BOARD DATE:	    14 May 2014

		DOCKET NUMBER:  AR20130016269 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his:

* grade as E-5 vice E-2
* dates of service from 1981 to 1984 vice 1982 to 1983
* military occupational specialty (MOS) as 91B2O (Medical Specialist) vice 91B1O
* award of the Parachutist Badge
* reason for separation as something other than personality disorder

2.  The applicant states:

	a.  He was never reprimanded or demoted in rank.  He entered the Army as an E-3 and left as an E-5.  While serving on active duty, he never saw a mental health doctor of any kind and never had a military doctor diagnose him with any personality disorder or any type of mental condition.  He completed basic training at Fort Bliss, TX; advanced individual training (AIT) in medical training at Fort Sam Houston, TX; and he then served in Panama.

	b.  Upon his return from Panama in 1983, he worked at the Los Angeles Military Entrance Processing Station for about 6 months from late 1983 to early 1984.  He then transferred to the U.S. Army Reserve (USAR) Base, Los Alamitos, CA, around early to late 1984.  He was assigned there on a compassionate reassignment due to his mother's illness, after which he went back to Panama for a month.
3.  The applicant provides his DD Form 214.

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 DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows he enlisted in the USAR delayed entry program (DEP) on 19 March 1982 in the rank/grade of private (PVT)/E-1.  He was discharged from the DEP on 11 May 1982.

3.  He enlisted in the Regular Army (RA) on 12 May 1982 for a period of 3 years and he held MOS 91B.  On 14 September 1982, he was assigned to the 601st Medical Company, Panama.  He was promoted to the rank/grade of private (PV2)/E-2 on 12 November 1982.

4.  On 24 November 1982, he was apprehended for possession of marijuana and he was referred for enrollment in the Alcohol and Drug Abuse Prevention and Control Program.

5.  On 30 September 1983, he was admitted to the Psychiatric Inpatient Service, Gorgas Army Community Hospital (GACH), Panama, for cocaine intoxication. 

6.  On 5 October 1983, he underwent a mental health examination at the request of his unit commander.  The examining psychiatrist stated:

	a.  On 30 September 1983, the applicant was admitted to GACH for cocaine intoxication.  He readily admitted to being a poly-drug abuser and stated he would continue to be one until his separation from the Army.  Because he was completely negative and had a resistance attitude toward hospitalization and detoxification, no effort was made to do so and his unit assumed responsibility for him.  

	b.  He was diagnosed with cocaine organic mental disorder, cocaine intoxification, mixed personality disorder, antisocial personality disorder, and borderline personality disorder.  The psychiatrist stated it was his impression the applicant had no potential for rehabilitation and it would be in the best interest of the Army to immediately discharge him.  The applicant was psychiatrically cleared for any action deemed appropriate by the command.

7.  On 24 October 1983, he was notified by his immediate commander that discharge action was being initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5 by reason of a personality disorder diagnosed by a competent medical authority.  This notification memorandum shows his rank/grade as private first class (PFC)/E-3.

8.  On 24 October 1983, he acknowledged notification of his proposed discharge from the Army.  He consulted with legal counsel and he was advised of the basis for the contemplated separation action, the effect on future enlistment in the Army, and of the procedures and rights that were available to him.  He elected not to submit a statement in his own behalf.

9.  On 8 November 1983, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 5 by reason of a personality disorder and directed the issuance of an Honorable Discharge Certificate.  This memorandum shows his rank as PVT.  On 5 March 1980, he was discharged accordingly.  

10.  Orders 216-15, dated 9 November 1993, issued by Headquarters, 193rd Infantry Brigade, Panama, reassigned him to the U.S. Army Separation Transfer Point, Fort Jackson, SC, with a report dated of 16 November 1983.  These orders show his rank as PV1.

11.  On 16 November 1983, he was honorably discharged at Fort Jackson, SC.  He completed 1 year, 6 months, and 5 days of net active service.

12.  The DD Form 214 he was issued confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder.  

13.  His DD Form 214 also shows the entries in items 4a (Grade, Rate or Rank) and 4B (Pay Grade) - PV2 and E-2, respectively; item 11 (Primary Specialty Number) - 91B1O; and in item 12h (Effective Date of Pay Grade) - 12 November 1982.  His DD Form 214 does not show the Parachutist Badge.

14.  The available records are void of any evidence that shows when/if the applicant had been promoted to PFC or, if he had been promoted, when he was reduced to PV2.  There is no evidence that shows he was ever promoted to the grade of E-4 or E-5.  

15.  His records are void of orders awarding him the Parachutist Badge, any evidence that shows he attended the Airborne School, or that he satisfactorily completed the requirements for the Parachutist Badge. 

16.  Army Regulation 635-200, paragraph 5-13, provides for the separation of enlisted Soldiers for other designated physical or mental conditions.  A Soldier may be separated for a personality disorder not amounting to disability that interferes with assignment to or performance of duty, when so diagnosed by a competent medical authority trained in psychiatry.  

17.  Army Regulation 600-8-22 (Military Awards) states award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

18.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of states in items 4a and 4b show the active duty grade or rank and pay grade at time of separation and are obtained from the Soldier's records (promotion or reduction orders).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his grade as E-5, dates of service from 1981 to 1984, MOS as 91B2O, Parachutist Badge, and reason for separation as something other than personality disorder.

2.  The evidence of record confirms the applicant entered active duty on 12 May 1982 and he was discharged on 16 November 1983 in the rank/grade of PV2/E-2 under the provisions of Army Regulation 635-200, paragraph 5-13 by reason of a personality disorder that was diagnosed by a military psychiatrist on 5 October 1983 in an Army hospital, Panama.

3.  Although his records contain a few documents that show his rank as PFC, there is no evidence that shows he had been promoted to PFC or, if he had been, when he was reduced to PV2.  In addition, there is no evidence and he has not provided any evidence that shows he was ever promoted to the grades of E-4 or E-5.  In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and he held the rank/grade of PV2/E-2 at the time of his discharge, which is properly reflected on his DD Form 214 with the corresponding MOS 91B1O. 

4.  With respect to the Parachutist Badge, his records are void of any evidence and he has not provided any evidence that shows he attended and completed the Airborne School, that he satisfactorily completed the requirements for the Parachutist Badge, or that he was ever awarded this badge.

5.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130016269





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ABCMR Record of Proceedings (cont)                                         AR20130016269



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