IN THE CASE OF:  

		BOARD DATE:  30 December 2014	  

		DOCKET NUMBER:  AR20140006193 


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 correction of the narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that his DD Form 214 lists the reason for his discharge as "Personality Disorder" and this reason does not look good on his Résumé.  He was 22 years old at the time of the incident and all individuals his age had personality disorders.  Further, he has been unemployed for 5 months and he would like to use his Veteran's preference to get a job.

3.  The applicant provides his DD Form 214, ending 5 April 1985.

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.  He enlisted in the Regular Army on 26 April 1983.

3.  His record shows he received negative counseling on the following dates for the reasons shown:

* 24 July 1984, work related problems and racist statements
* 30 September 1984, disobeying a lawful order

4.  On 30 September 1984, he accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being disrespectful toward a noncommissioned officer.

5.  His record contains a Report of Psychiatric Evaluation, dated 3 January 1985, which shows in:

	a.  Diagnosis:  Borderline Mental Retardation, Organic Personality Syndrome, and Alcohol Abuse;

	b.  Pertinent History:  By his report, he sustained a head injury at 13 years and 6 months that shattered the bone in his forehead.  The applicant stated that a portion of his frontal lobe of his brain was excised and a metal plate was put in place.  Since the accident he has had a history of run-ins with the law.  He related having trouble with people and he expressed homicidal ideation toward his platoon sergeant;

	c.  Mental Status:  His abuse of alcohol was an attempt at self-medication to deal with his tension arising from being constantly around people.  Attempts at rehabilitation in current setting would be unproductive.

	d.  Findings and conclusion of evaluation:  The applicant's condition existed prior to service.  His mental capacity and inability to control his impulses were part of an organic personality syndrome secondary to a head injury at age 
13 years and 6 months.  

	e.  Recommendation:  He was cleared for administrative discharge as to keep him in the service would only jeopardize the health and welfare of his fellow Soldiers.  

6.  On 2 February 1985, his immediate commander notified him of his intent to initiate separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  The commander specifically noted that the applicant lacked the motivation and inclination to modify his behavior or conduct.
7.  On 12 February 1985, he acknowledged receipt of the notification of his pending separation action and he was subsequently advised by counsel of the basis for the contemplated action to separate him for a personality disorder under the provisions of paragraph 5-13 of Army Regulation 635-200.  He requested consulting counsel, but elected to waive his right to submit a statement in his own behalf. 

8.  On 17 March 1985, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200 and directed that he be issued a general discharge certificate.

9.  On 4 April 1985, he was discharged accordingly.  His DD Form 214 shows he completed 1 year, 11 months, and 10 days of creditable active service during this period.  The form also contains the following entries:

* item 25 (Separation Authority) shows the entry Army Regulation 635-200, paragraph 5-13
* item 26 (Separation Code) shows the entry "JFX"
* item 28 (Narrative Reason for Separation) shows the entry "Personality Disorder"

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 13, contains the policy and outlines the procedures for separating individuals for personality disorder, and provides that a Soldier may be separated for personality disorder (not amounting to disability) that interferes with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnoses.  Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier’s ability to function effectively in the military environment is significantly impaired.

11.  Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214.  It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty or discharge.

12.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), prescribed the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the SPD's to be used for these stated reasons.  The regulation showed that the SPD “JFX” as shown on the applicant’s DD Form 214 specified the narrative reason for discharge as “Personality Disorder.”  The authority for discharge under this SPD was Army Regulation 635-200, paragraph 5-13.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his narrative reason for separation should be corrected.

2.  The evidence shows he underwent a psychiatric evaluation and was diagnosed with organic personality syndrome by competent military medical personnel based, in part, on a history that suggested a personality disorder.  He was discharged in accordance with the provisions of paragraph 5-13 of Army Regulation 625-200.

3.  The evidence of record shows his separation action was accomplished in compliance with applicable regulations and there is no indication of procedural errors that would have jeopardized his rights.  The discharge proceedings were conducted in accordance with the law and regulations applicable at the time and the character of the discharge is commensurate with the applicant's overall record of military service.

4.  The applicant's narrative reason for separation was assigned based on the fact that he was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder.  Absent this condition, there was no fundamental reason to process him for a discharge.  The only valid narrative reason for separation permitted under this paragraph and its corresponding SPD code is "Personality disorder."  Therefore, he received the appropriate narrative reason for separation.

5.  There is no evidence of error or injustice in this case.  Therefore, his request should be denied.

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)                                         AR20140006193



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ABCMR Record of Proceedings (cont)                                         AR20140006193



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