IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130018312 


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 his narrative reason for separation be changed.

2.  The applicant states:

	a.  he wants to replace the entry "personality disorder" with "medical."

	b.  he has been employed by the same employer for 13 years.  He has a steady income and leads a normal life.  

	c.  he was ordered to see a psychiatrist and he told the applicant he would get an honorable discharge.  The counselor thought he was having occupational problems as a combat engineer.

	d.  since his discharge, he has not had any mental health concerns or problems.  

	e.  the entry personality disorder in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) has prevented him from advancing his career.

	f.  he was given mefloquine to address malaria, this affected his mood and behavior. 
 


3.  The applicant provides:

* medical documentation from the Department of Veterans Affairs (VA) and Federal Drug Administration (FDA) on the drug mefloquine and its side effects
* DD Form 214
* letter of support
* medical record, dated 8 February 1990

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 9 March 1989 and trained as a combat engineer.

3.  He provides a medical record, dated 8 February 1990, which shows he was treated for diarrhea and feeling sick.  He reported his problems started when he took malaria tablets.

4.  On 25 September 1990, he underwent a mental status evaluation and was diagnosed with occupational problems, personality disorder with schizoid and antisocial features, and mild psychosocial stressors.  The psychiatrist stated:

	a.  the diagnosis represents a characterological and behavioral disorder.

	b.  this condition is a deeply ingrained, maladaptive pattern of behavior of long duration which interferes with his ability to perform duty.

	c.  the disorder and the problems presented by the applicant are not amenable to hospitalization, treatment, transfer, disciplinary action, training, or reclassification within the military system.

	d.  the condition is so severe that his ability to function effectively in a military environment is significantly impaired.

	e.  efforts to rehabilitate or develop him into a satisfactory member of the military will not be effective.

	f.  he has a long history of interpersonal and occupational difficulties.

	g.  he has a history of a prior psychiatric hospitalization in 1985 and residential treatment for 1 year from July 1985 to June 1986 (this was related to making a bomb threat and threats to his family).

	h.  his difficulties include poor frustration tolerance, current social isolation,  hostile and mistrustful feelings and thoughts of harming others, poor interpersonal skills, poor impulse control and difficulty with authority figures.

5.  The psychiatrist recommended he be administratively eliminated from the military as expeditiously as possible. 

6.  Discharge proceedings were initiated against him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13, for personality disorder.  

7.  He acknowledged notification of his pending separation, was advised of his rights, waived counsel, and declined to make a statement on his own behalf.

8.  The separation authority approved the recommendation for separation and directed the issuance of an honorable discharge. 

9.  On 25 October 1990, the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.  He completed 1 year, 7 months, and 17 days of total active service.

10.  His DD Form 214 shows in:

* Item 25 (Separation Authority) the entry "PARA (Paragraph) 5-13, AR (Army Regulation) 635-200"
* Item 26 (Separation Code) the entry "JFX"
* Item 28 the entry "PERSONALITY DISORDER"




11.  He provides a letter, dated 31 August 2013, from his employer who attests:

* the applicant has worked for him for the past 11 years
* he has been held responsible for most aspects of the business
* he opens and closes and works alone when needed
* he is extremely honest and punctual always   

12.  He also provides documentation from the VA and FDA pertaining to mefloqine and the risk of serious psychiatric and nerve side effects.

13.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code JFX is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-13, by reason of personality disorder.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention his narrative reason for separation is preventing him from advancing his career was noted.  However, a narrative reason for separation is not changed for the purpose of enhancing employment opportunities. 

2.  His contention his mood and behavior were affected by the mefloquine tablets given to him for protection against malaria was also noted.  However, there is no evidence and he provides no evidence which shows this medication was the underlying factor for his personality disorder with schizoid and antisocial features diagnosis.  His 1990 mental status evaluation states he had a prior psychiatric hospitalization in 1985 and residential treatment for 1 year from July 1985 to June 1986.  

3.  His narrative reason for separation was administratively correct and in conformance with applicable regulations at the time of his separation.  Therefore, 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)                                         AR20130018312





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ABCMR Record of Proceedings (cont)                                         AR20130018312



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