IN THE CASE OF:	  

		BOARD DATE:	  3 February 2015

		DOCKET NUMBER:  AR20140007861 


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 item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* he has not been diagnosed with a personality disorder by doctors at Kaiser Permanente, San Diego, CA, or the rehabilitation staff at the Department of Rehabilitation
* he received an honorable discharge and he was eligible to reenlist
* he fears his narrative reason for separation is barring him from successful civilian employment

3.  The applicant provides:

* DD Form 214
* DA Form 1315 (Reenlistment Data)

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 1 August 1989.

3.  On 25 September 1990, he underwent a mental status evaluation.  The Chief of Psychiatry, 67th Evacuation Hospital, diagnosed the applicant as having an adjustment disorder with mild depression and stated:

* he did not suffer from a psychiatric disease, defect, or personality disorder that would cause significant defects in judgment or reliability
* his difficulties in developing and maintaining effective interpersonal relationships had contributed to his poor adjustment to the military
* his expressed lack of motivation and apathy toward the military was unlikely to result in him being a satisfactory member
* separation should be considered based on his failure to adjust
* administrative separation would be in the best interests of the applicant and the Army

4.  On 10 October 1990, the applicant was counseled by his commander about the results of his mental status evaluation.  His commander informed him that the evaluation stated his ability to perform in a military environment was significantly impaired and the Chief of Psychiatry recommended his separation.  His commander notified him that he was considering initiating action to separate him under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13.

5.  On 27 November 1990, the applicant was notified by his commander of his intent to initiate separation action against him under the provisions Army Regulation 635-200, paragraph 5-13, for personality disorder.  His commander based his recommendation on the applicant's mental status evaluation that indicated his condition would in all likelihood prevent him from becoming a satisfactory Soldier in the Army.  His commander recommended an honorable discharge.

6.  On 27 November 1990, the applicant acknowledge receipt of the separation notification after being advised by his commander of the basis of the contemplated separation for personality disorder, the type of discharge and its effects, and the effects of his actions in waiving his rights.  He waived consulting counsel and submission of statements in his own behalf.

7.  On 29 November 1990, the separation authority approved a waiver of the rehabilitation requirements and directed the issuance of an honorable discharge under the provisions of Army Regulation 635-200, paragraph 5-13.

8.  On 7 December 1990, the applicant was honorably discharged.  His DD Form 214 shows in:

* item 25 (Separation Authority) – Army Regulation 635-200, 
Paragraph 5-13
* item 28 – Personality Disorder

9.  The applicant provided a copy of his DD Form 214 and DA Form 1315, undated, that shows he was eligible for reenlistment at the time the form was prepared.  A copy of this form is not filed in the applicant's records.

10.  Army Regulation 635-200, in effect at the time, provided the basic authority for the separation of enlisted personnel.

	a.  Paragraph 5-3 stated separation of Soldiers for the convenience of the government was the prerogative of the Secretary of the Army.  The separation of any Soldier of the Army under this authority would be based on a Secretary of the Army determination that separation was in the best interests of the Army.

	b.  Paragraph 5-13 provided that a Soldier could be separated for personality disorder not amounting to disability under Army Regulation  635-40 (Physical Evaluation for Retention, Retirement, or Separation) that interfered with assignment to or performance of duty.  The condition must be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  The regulation also directed that commanders would not take action prescribed in this chapter in lieu of disciplinary action, required that the diagnosis concluded the disorder was so severe that the Soldier's ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15 of Army Regulation 604-10 (Military Personnel Security Program) or Army Regulation 635-40.



DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was not diagnosed with having a personality disorder, but rather an adjustment disorder.  The governing regulation in effect at the time of his separation required a confirmed diagnosis of personality disorder prior to separation processing.

2.  Since the applicant's diagnosis was adjustment disorder, he was improperly processed for discharge without a confirmed diagnosis of personality disorder.  Therefore, in the interest of justice, it would be appropriate to correct his DD Form 214 to show he was separated for the convenience of the government under Secretarial Authority under the provisions of Army Regulation 635-200, paragraph 5-3.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show:

* his separation authority as Army Regulation 635-200, paragraph 5-3 with the appropriate separation program designator code
* his narrative reason for separation as Secretarial Authority



      _____________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)                                         AR20140007861



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ABCMR Record of Proceedings (cont)                                         AR20140007861



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