IN THE CASE OF:	  

		BOARD DATE:	  30 April 2015

		DOCKET NUMBER:  AR20140015678 


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

2.  He states he was singled out by the acting first sergeant (1SG) unfairly due to being selected to fill a slot in the unit that he had intended to be filled by his best friend.  He adds he was subjected to severe mental and emotional stress to the point that he requested separation from the military.  Prior to this, his performance was exemplary.  Since his separation, he has led a perfectly normal life. 

3.  He does not provide any additional evidence.

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 19 September 1985.

3.  On 21 January 1986, he was counseled for failing to make the accountability formation at 0630 and being found in his bed at 0730.  

4.  On 1 December 1986, the applicant received a letter of reprimand for speeding, driving while intoxicated, and underage consumption of alcohol on 
15 November 1986.

5.  On 30 December 1986, he underwent a command referred mental status evaluation and was diagnosed with "mixed personality disorder."  The psychiatrist stated there was no condition present which warranted medical disposition.  The personality disorder was so ingrained and severe as to significantly impair the applicant's capacity to adapt to and function in the military environment.  He added there was a long history of difficulty in coping with problems and stress.  He said treatment would not be helpful; counseling by the command was not indicated and would also not be helpful and may be dispensed with.  Separation from military service was indicated under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 5.

6.  On 8 January 1987, he underwent a mental status evaluation.  The psychiatrist reported he was alert and fully oriented.  His thought process was normal and memory process was good.  He had the mental capacity to understand and participate in the proceedings, was mentally responsible, and met the retention requirement of chapter 3, Army Regulation 40-501 (Standards of Medical Fitness).

7.  On 20 January 1987, he was counseled for all aspects of his performance. The counselor stated that since his driving while intoxicated incident in November 1986, his Operation Awareness Program attendance and consultative work indicated that he had severe emotional problems dealing with specific matters.  

8.  On 27 January 1987, his immediate commander notified him of his intent to initiate action to discharge him from the Army under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder.  The commander stated his recommendation was based on the applicant being diagnosed as having a personality disorder so ingrained and severe as to significantly impair his capacity to adapt to and function in a military environment.  He also stated the applicant was pending a bar to reenlistment and had been counseled about his problems, but failed to make any attempts to alleviate them.
9.  On 27 January 1987, he consulted with military counsel.  After being advised of the basis for the contemplated separation action, its effects, and the rights available to him, he elected not to submit a statement in his behalf.  He stated that he understood that he would receive an honorable discharge.

10.  On 5 February 1987, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of Army Regulation 635-200 and directed he receive an Honorable Discharge Certificate.  

11.  The applicant's record is void of any evidence to show he was singled out or suffered from unfair treatment by the acting 1SG.

12.  On 17 February 1987, he was discharged.  The DD Form 214 he was issued at the time confirms he completed 1 year, 4 months, and 29 days of active military service.  His DD Form 214 shows in:

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

13.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 at the time stated a Soldier could be separated for personality disorder (as determined by medical authority), 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 regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty.  Commanders would not take action prescribed in this paragraph in lieu of disciplinary action.  The diagnosis must have concluded that the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired.

14.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities and reasons for separating Soldiers from active duty and the SPD codes to be entered on the DD Form 214.  This regulation provides that the SPD code of JFX applies to persons discharged with a personality disorder, not a disability.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes standardized policy for preparing and distributing the DD Form 214.  The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4, in pertinent part, states to enter in:

* Item 25 the regulatory or statutory authority cited in the directive authorizing separation
* Item 26 the proper SPD code representing the reason for separation
* Item 28 the reason for separation based on the regulatory or statutory authority

DISCUSSION AND CONCLUSIONS:

1.  The applicant argues that the separation authority, separation code, and the narrative reason for his discharge should be changed based on the severe mental and emotional stress he was subjected to by the acting 1SG.  There is no evidence and the applicant did not provide any to show that he was subjected to unfair treatment by the acting 1SG.  

2.  The evidence of record shows on 30 December 1986, he underwent a command referred mental status evaluation and was diagnosed with "mixed personality disorder."  The psychiatrist stated the applicant's personality disorder was so ingrained and severe as to significantly impair his capacity to adapt to and function in the military environment.  He added the applicant had a long history of difficulty in coping with problems and stress.  Based on the applicant being diagnosed with a personality disorder, his chain of command initiated separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200.  

3.  The evidence further shows since the applicant was discharged for a personality disorder, he was assigned an SPD Code of JFX which is consistent with the reason for separation.  Absent any evidence of error or injustice in the discharge process, the separation authority, separation code, and the narrative reason for his discharge are correct as constituted.  

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)                                         AR20140015678



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ABCMR Record of Proceedings (cont)                                         AR20140015678



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