IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140015724 


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 reconsideration of his earlier request for an upgrade of his 1986 discharge from uncharacterized to honorable. 

2.  The applicant states the uncharacterized personality disorder needs to be shown as desirable or honorable.  As of 2013, it still does not show that.  It was for medical reasons that the Army discharged him. 

3.  The applicant provides his State of California, Department of Corrections, medical records. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130018845, on 1 July 2014. 

2.  The applicant submits his correctional facility medical records.  This is considered new evidence and warrants consideration by the Board. 

3.  The applicant's service records are not available for review with this case.  An exhaustive search was undertaken to locate his military records that are necessary for the processing of his application.  Unfortunately, they could not be found.  However, his service record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which is sufficient for the Board to conduct a review of his case.

4.  The applicant's DD Form 214 shows he enlisted in the Regular Army on 30 December 1985 and appears to have been assigned to Company B, 2nd Battalion, 3rd Basic Training Brigade, Fort Leonard Wood, MO, for training. 

5.  He was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. 

6.  H76is DD Form 214 shows he was discharged on 14 February 1986 under the provisions of paragraph 5-13, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) by reason of a personality disorder.  He completed 1 month and 15 days of active service and he received an uncharacterized characterization of service. 

7.  There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations.

8.  He provides chronological records of care from the State of California Department of Corrections that show he was frequently evaluated for various physical and mental maladies.

9.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.

   a.  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.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 3-9a(1) states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in an entry-level status, except when characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case.  Entry-level status is defined as the first 180 days of continuous active duty or the first 180 days of continuous active service after a service break of more than 92 days.  It further states the character of service for members separated while in an entry level status will be uncharacterized.  For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

DISCUSSION AND CONCLUSIONS:

1.  The complete facts and circumstances surrounding the applicant's discharge are not available for review.  However, his DD Form 214 shows he was discharged on 14 February 1986 under the provisions of paragraph 5-13 of Army Regulation 635-200, paragraph 5-13, by reason of a personality disorder.  He completed 1 month and 15 days of active service and he received an uncharacterized discharge.

2.  During the first 180 days of continuous active military service, a member's service is under review.  When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other than honorable conditions discharge.  An honorable characterization may be given only if the service clearly warrants that characterization by unusual circumstances of personal conduct and performance of military duty and is approved by the Secretary of the Army.

3.  The entry-level separation is given regardless of the reason for separation. This uncharacterized discharge is neither positive nor negative; it is not "derogatory."  It simply means the Soldier did not serve long enough to qualify for a specified characterization of service.

4.  In the absence of evidence to the contrary, it is presumed the applicant was processed out of the Army to standard and received the appropriate characterization of service.  As such, there is no reason to change his character of service.



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 to amend the decision of the ABCMR set forth in Docket Number AR20130018845, dated 1 July 2014.



      __________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)                                         AR20140015724



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ABCMR Record of Proceedings (cont)                                         AR20140015724



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