IN THE CASE OF:  	  

		BOARD DATE:  7 April 2015	  

		DOCKET NUMBER:  AR20140013634 


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

2.  The applicant states that the narrative reason of "personality disorder" was placed on his DD Form 214 as a means to preclude him from receiving the medical care and monetary compensation he deserves.  He adds the narrative reason should be changed to show the correct diagnosis of "seizure disorder" to correspond with his Department of Veterans Affairs (VA) medical records.
 
3.  The applicant provides no documentary evidence in support of his application.

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 (RA) on 28 November 1986 for a period of 3 years.  He was awarded military occupational specialty 94B (Cook). On 25 June 1987, he was assigned overseas to Germany.  He was promoted to specialist/pay grade E-4 on 1 June 1988.

3.  He reenlisted in the RA on 14 March 1990 for a period of 4 years.

4.  Headquarters, 130th Station Hospital (Germany), memorandum, dated 
27 May 1992, shows Lieutenant Colonel (LTC) P____ R. F____, Doctor of Osteopathy, Chief, Mental Health Services, provided a report on the applicant's mental status to the applicant's commander.  It shows the applicant had been transferred from the Worms Krankenhaus for further evaluation of hyperventilation and pseudo-seizure episodes.  A mental status evaluation of thought content revealed no evidence of psychosis and no evidence of a predominant disturbance of mood.

a. The applicant was diagnosed with –

* Axis I –

* adjustment disorder with mixed emotional features
* marital problem

* Axis II – personality disorder, not otherwise specified (NOS) with dependent and histrionic traits

   b.  It shows, in pertinent part, the diagnosis represents a personality disorder within the meaning of Army Regulation (AR) 635-200 (Personnel Separation –Enlisted Personnel).

   c.  The applicant was psychiatrically cleared for any administrative action deemed appropriate by command.

5.  On 27 May 1992, the applicant's first sergeant discussed with the applicant the Chief, Mental Health Service's report regarding the diagnosis of a personality disorder that impaired his ability to function effectively in a military environment.  He advised the applicant that if his improper behavior continued, separation action could be initiated.

6.  On 2 July 1992, J____ L. B____, Ph.D, Clinical Director, Mannheim Mental Health Clinic, Department of Psychiatry, U.S. Army Health Clinic, Mannheim, Germany, provided a DA Form 3822-R (Report of Mental Status Examination) to the applicant's commander.  The report shows, in pertinent part, "[The applicant's] behavior and personality traits are consistent with the diagnosis of Personality Disorder NOS with dependent and histrionic traits.  This evaluation confirms the diagnosis of Dr. F____, 130th Station Hospital Department of Psychiatry."

7.  The applicant's commander initiated action to discharge him from the service under the provisions of AR 635-200, chapter 5 (Separation for the Convenience of the Government), paragraph 5-13 (Personality Disorder).  The applicant was informed of his rights and that the separation authority could direct either an honorable or under honorable conditions discharge.

8.  On 13 August 1992, the applicant consulted with counsel and was advised of the basis for the contemplated separation action and its effects, the rights available to him, and the effect of a waiver of his rights.

   a.  He requested consulting counsel.

   b.  He indicated that statements in his own behalf were not submitted.

   c.  The applicant and his counsel placed their signatures on the document.

9.  The applicant's company commander recommended the applicant be discharged under the provisions of AR 635-200, chapter 5, paragraph 5-13, for personality disorder.  The basis for the recommended action was the Report of Mental Status Evaluation and psychiatric report in which it was determined the applicant had a personality disorder.

10.  The separation authority approved the recommendation for discharge of the applicant, directed he be discharged based on personality disorder, and that he be issued an Honorable Discharge Certificate.

11.  The applicant's DD Form 214 shows he was honorably discharged on 
11 September 1992.  He completed 5 years, 9 months, and 14 days of net active service this period.  It also shows in –

* item 25 (Separation Authority):  AR 635-200, Paragraph 5-13
* item 26 (Separation Code):  "JFX" (Personality Disorder)
* item 28 (Narrative Reason for Separation):  "Personality Disorder"

12.  AR 40-501 (Standards of Medical Fitness), chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement), paragraph 3-36 (Adjustment Disorders), provides that situational maladjustments due to acute or chronic situational stress do not render an individual unfit because of physical disability, but may be the basis for administrative separation if recurrent and causing interference with military duty.

14.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), when the disorder is so severe that it interferes with assignment to or performance of duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the separation authority, narrative reason for separation, and separation code shown on his DD Form 214 should be corrected to show he was discharged based on a diagnosis of "seizure disorder" because his VA medical records show such a diagnosis.

2.  The applicant's contention was carefully considered.

   a.  The evidence of record shows –

* on 27 May 1992, the applicant was diagnosed with a personality disorder by the Chief, Mental Health Services
* on 3 July 1992, the Clinical Director, Mannheim Mental Health Clinic, Department of Psychiatry, confirmed the diagnosis of the Chief, Mental Health Services

   b.  There is no evidence of record that shows the applicant was diagnosed with a seizure disorder during the period of service under review.

   c.  Thus, there is insufficient evidence to support the contention that the applicant's administrative discharge was improper and that he should have been discharged based on a seizure disorder.

3.  The Army regulation governing the applicant's discharge required that "the diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials."  The evidence of record shows that such a diagnosis meeting the criteria for administrative separation was made by an Army psychologist in the applicant's case.

4.  The applicant's administrative separation under the provisions of AR 635-200, paragraph 5-13, due to personality disorder was in compliance with all requirements of law and applicable regulations with no indication of procedural errors which would have jeopardized his rights.  In addition, the separation authority, narrative reason for separation, and assigned separation code were appropriate and equitable.

5.  The ABCMR does not grant requests for changes to discharges for the purpose of making the applicant eligible for veterans' benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  Additionally, the granting of veterans' benefits is not within the purview of the ABCMR.  Any questions regarding eligibility for such benefits should be addressed to the VA or appropriate government agency.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20140013634



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ABCMR Record of Proceedings (cont)                                         AR20140013634



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