IN THE CASE OF:	  

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140001204 


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 her discharge be changed to an honorable discharge.

2.  The applicant states:

   a.  She was given a general discharge due to a misdiagnosis for something she was never treated for.  She believes she served honorably and deserves credit for it.  She never got into any trouble at boot camp.  She told her sergeant that she heard another Soldier say she was gay and then everything changed.  She told them it was not true.  She was placed in a corner with her face to the wall while two Soldiers told things that she had said to them.  After that it seemed everything she did was wrong.

   b.  She was assigned to the boot warehouse with the two Soldiers who had accused her.  She was made to take her physical training in long johns under her uniform.  She had her bunk turned over every morning and they took her covers for 3 days.  She was made to clean the latrine every day.  She soon became depressed and was sent to the doctor who diagnosed her with a personality disorder, but she didn't have one before entering the service.  They broke her down.  She knows you can't change the past, but she wants her discharge changed.  

   c.  After her separation, she attended college for a year and a half and worked full-time.  She was never treated for a personality disorder and never had been.  She was treated for depression in 2000 and was later diagnosed with bipolar disorder for which she is currently receiving treatment.  She is currently receiving disability and she had worked with her disability until 2010.

3.  The applicant provides copies of the following:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) (two copies)
* four letters from the:

* Social Security Administration (SSA)
* National Personnel Records Center (NPRC)
* Mt. Vernon Community Health Center
* Army Review Boards Agency (ARBA)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army, in pay grade E-1, on 5 January 1987, for 3 years.  She did not complete advanced individual training for award of a military occupational specialty.  

3.  A DA Form 3822 (Report of Mental Status Evaluation), dated 16 January 1987, shows she underwent an evaluation per her unit's request as a result of a suicide gesture potential.  She was diagnosed with a mixed personality disorder with immature and borderline traits.  The examining psychiatrist stated that the condition was considered chronic and recalcitrant to attempts at rehabilitation.  He recommended the applicant be considered for separation under the provisions of Army Regulation (Personnel Separation – Enlisted Separations), chapter 5.  


4.  On 19 January 1987, she received counseling for talking about suicide and her elimination from the service.

5.  On 20 January 1987, the applicant's company commander notified the applicant of the proposed separation under the provisions of Army Regulation 635-200, paragraph 5-13, for a personality disorder, with an entry-level characterization.  The company commander stated the specific reasons were the applicant's inability to cope with the stress of basic training, her expressing the possibility of doing harm to herself, and her diagnosis of a mixed personality disorder.  He advised the applicant of her rights.

6.  On 20 January 1987, the applicant acknowledged receipt of the proposed separation action.  She waived her right to counsel and elected not to submit a statement in her own behalf.

7.  On 26 January 1987, the applicant's company and battalion commanders recommended approval of the applicant's separation action.

8.  On 27 January 1987, the separation authority approved her discharge with an entry-level separation.

9.  Accordingly, she was discharged on 30 January 1987.  She was credited with completing 26 days of net active service.  Her service was characterized as entry-level status.

10.  She provided copies of the following:

* letter, dated 7 November 2009, wherein the SSA advised her of entitlement to monthly disability benefits beginning June 2001
* letter, dated 31 October 2013, wherein the NPRC provided her a copy of her separation document and the definition of entry-level status
* letter, dated 12 November 2013, wherein her medical provider stated she was being treated for bipolar disorder
* letter, dated 16 December 2013, wherein ARBA directed her request to the ABCMR since she had not applied within the Army Discharge Review Board's 15-year statute of limitations

11.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  The regulation stated in:

   a.  Paragraph 4-2(1), the service of Soldiers who were in an entry –level status would be awarded a character of service of honorable, unless the Soldier was in an entry level status and then the service was uncharacterized.  Entry level status was the first 180 days (6 months) of continuous active duty.

   b.  Paragraph 5-13 - a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, would be separated for personality disorder (not amounting to disability under Army Regulation 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement, or Separation) that interfered with assignment or with performance of duty.

   c.  Paragraph 3-7a – an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptance conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate.

   d.  Paragraph 3-7b - a general discharge was a separation from the Army under honorable condition.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's company commander initiated action to separate the applicant after she expressed the possibility of doing harm to herself and being diagnosed with a mixed personality disorder.  She acknowledged receipt of the proposed separation and the separation authority approved an entry-level character of service.  She was discharged accordingly on 30 January 1987.

2.  Without evidence to the contrary, it appears her administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would have jeopardized her rights.  She was properly discharged in accordance with pertinent regulations with due process.  

3.  By regulation, Soldiers who had completed less than 180 days (6 months) of continuous active service would have their service uncharacterized.  That meant the Soldier had not been in the Army long enough for his/her character of service to be rated as honorable or otherwise.  It was and still is not meant to be a negative reflection of a Soldier's military service.  She was discharged after completing 26 days of net active service.  Therefore, she is not entitled to a change in the characterization of her service from entry-level status to an honorable discharge.


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)                                         AR20140001204



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ABCMR Record of Proceedings (cont)                                         AR20140001204



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