IN THE CASE OF:  

		BOARD DATE:  11 June 2015	  

		DOCKET NUMBER:  AR20140017977 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: 

* his service in Iraq and associated awards and decorations
* his narrative reason for separation as post-traumatic stress disorder (PTSD) vice personality disorder 

2.  The applicant states he was not given any of his ribbons or medals for being in Iraq and his service is not noted on his DD Form 214.  He was there.  He also has PTSD due to the war in Iraq.  He would like the reason for his separation to be that and not personality disorder. 

3.  The applicant does not provide any 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's records show he enlisted in the U.S. Army Reserve (USAR) on 15 September 2000.  He was awarded military occupational specialty 51K (Plumber). 

3.  He was ordered to active duty as a member of his Reserve unit, the 389th Engineer Company, in support of Operation Enduring Freedom on 15 March 2003.

4.  The complete facts and circumstances surrounding his discharge are not available for review with this case.  However, his records contain: 

	a.  Orders 274-0361, issued by Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, on 1 October 2003 ordering his discharge from active duty effective 12 October 2003. 

	b.  A DD Form 214 that shows he was honorably discharged on 12 October 2003 under the provisions of chapter 5-3 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel).  He completed 6 months and 28 days of active service. It also shows in:  

* Item 12f (Foreign Service), the entry "0000-00-00"
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), the National Defense Service Medal, Armed Forces Reserve Medal with "M" Device, and Army Service Ribbon
* Item 18 (Remarks), in pertinent part, "Service in Kuwait 20030517-20030608" and "Service in Baghdad 20030609-20030811" 
* Item 26 (Separation Code) – JFX
* Item 28 (Narrative Reason for Separation) – Personality Disorder 

5.  His service medical records are not available for review with this case.  Additionally, there is no indication in his available service records that shows he was diagnosed with PTSD during his military service.

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Global War on Terrorism Service Medal is authorized for award to members of the Armed Forces of the United States who have participated in Global War on Terrorism operations outside of the areas of eligibility (AOE) designated for award of the Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, or Iraq Campaign Medal.  All Soldiers on active duty, including Reserve Component Soldiers mobilized or National Guard Soldiers activated, on or after 11 September 2001 to a date to be determined having served 30 consecutive days or 60 nonconsecutive days are authorized the Global War on Terrorism Service Medal.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct support of Operation Iraqi Freedom (OIF).  The area of eligibility encompasses all the land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and all air spaces above the land area of Iraq and above the contiguous water area out to 12 nautical miles.  The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 through 31 December 2011.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved campaigns include the Transition of Iraq (2 May 2003-28 June 2004).

7.  Army Regulation 635-200 provides for separation of enlisted personnel.  Paragraph 5-13 provides the criteria for discharge because of a personality disorder.  It states that a Soldier may be separated for a personality disorder not amounting to disability under Army Regulation 635-40 (Personnel Separations - Physical Evaluation for Retention, Retirement, or Separation), which interferes with assignment to or performance of duty.  The diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.  Separation because of a 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.

8.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability.  It provides that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In pertinent part, it states that although the ability of a Soldier to reasonably perform his or her duties in all geographic locations under all conceivable circumstances is a key to maintaining an effective and fit force, this criterion will not serve as the sole basis for a finding of unfitness.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member may reasonably be expected to perform because of his or her office, rank, grade, or rating.

9.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement).  It outlines medical conditions which may render and individual unfit or which may preclude enlistment and notes that both personality and adjustment disorders will be dealt with through administrative and not medical channels.  Paragraph 3-35 of this regulation states that a history of or current manifestations of personality disorders render an individual administratively unfit.  These conditions will be dealt with through administrative channels, including Army Regulation 635-200.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty.  The SPD code of JFX is the correct code for Soldiers separating under paragraph 5-13 of Army Regulation 635-200 by reason of a personality disorder.

11.  Army Regulation (AR) 635-5 (Separation Documents) establishes the standardized policy for processing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in Item 12f and is obtained from the Soldier’s records.  For a Reserve Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  With respect to his service in Iraq and associated awards and decorations: 

	a.  Item 18 of the applicant's DD Form 214 listed his "Service in Kuwait 20030517-20030608" and "Service in Baghdad 20030609-20030811."  In the absence of evidence to the contrary or documentary evidence of other dates of service, it is presumed these dates are correct and there is no reason to further correct them.  

	b.  Based on his service in Kuwait/Iraq from 17 May 2003 to 11 August 2003, he is entitled to correction of item 12f of his DD Form 214 to show he completed 2 months and 24 days of foreign service. 

	c.  Based on his service on active duty in support of the Global War on Terrorism, he is entitled to award of the Global War on Terrorism Service Medal and correction of his DD Form 14 to show this award.

	d.  Based on his dates of service in Kuwait/Iraq from 17 May 2003 to 11 August 2003, he is entitled to award of the Iraq Campaign Medal with one bronze service star and correction of his DD Form 214 to show this award. 
2.  With respect to the narrative reason for separation: 

	a.  The applicant's record is void of the facts and circumstances that led to his discharge action.  However, his record contains a duly-constituted DD Form 214 that shows he was discharged on 12 October 2003 under the provisions of chapter 5-13 of Army Regulation 635-200 by reason of a personality disorder.

	b.  There is no evidence in his records and he provides none that shows he was diagnosed with PTSD or any other medical condition during his military service that warranted a different reason for separation.  In the absence of evidence to the contrary, it must be presumed that he underwent a mental status evaluation and was diagnosed with a personality disorder that affected his ability to function effectively in a military environment.  Accordingly, his chain of command initiated separation action against him under the provisions of paragraph 5-13 of Army Regulation 635-200.

	c.  It must also be presumed that his discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of his rights.  His administrative discharge under the provisions of paragraph 5-13 of Army Regulation 635-200 for a personality disorder appears to be proper. 

	d.  In view of the circumstances in this case, there is insufficient evidence to grant the requested relief.  The applicant has not shown error, injustice, or inequity for the relief he requests.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 

* deleting from item 12f of his DD Form 214 the entry "0000-00-00" and adding the entry "0000-02-24"
* adding to item 13 of his DD Form 214 the Global War on Terrorism Service Medal and Iraq Campaign Medal with one bronze service star

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the narrative reason for his separation. 



      ___________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)                                         AR20140017977





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ABCMR Record of Proceedings (cont)                                         AR20140017977



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