IN THE CASE OF:  	  

		BOARD DATE:  16 June 2015	  

		DOCKET NUMBER:  AR20140018788 


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 previous request for correction of the narrative reason for his discharge.

2.  As a new issue, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in:

* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) all of his awards
* Item 14 (Military Education) all of his training

3.  The applicant states this request for reconsideration is based on several issues and one event he had no control over.  The issues are as follows:

   a.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 20 August 1981, was not available when requested from the National Personnel Records Center.  All medical records including hospital and especially mental hygiene clinics were also not available.  If the Report of Mental Status Evaluation was not in his file how did the Army Board for Correction of Military Records (ABCMR) locate it?  His ABCMR Record of Proceedings (ROP) stated "his complete medical records are not available."  What medical records were available, if any, and what was reviewed?  The ABCMR ROP also included a chapter 13 separation memorandum which his company commander did not sign.  


   b.  If he had been able to submit his own application to the ABCMR he would have identified a Report of Mental Status Evaluation completed on 10 March 1981 at the 9th Infantry Division Mental Hygiene.  He also would have identified visits to the Troop Medical Clinic (TMC) on 27 March 1981.  He was sent to the 9th Infantry Division Mental Hygiene on 19 August 1981 and was found unsuitable on 20 August 1981.  There is no record of drug abuse and supportive therapy.  

   c.  Nowhere in his records is there record of his assignments, specialized training, awards, military education, qualification in arms, aptitude and other testing, and military occupational specialty (MOS) evaluation scores.  His assignments should include the following:

* basic and advanced individual training at Fort Benning, GA
* Combat Support Company, 3rd Battalion, 39th Infantry, Fort Lewis, WA
* Operation Reforger, Belgium and Germany, Spring 1981
* desert training, Fort Irwin, CA
* Armor School, Fort Lewis, WA

   d.  Item 13 of his DD Form 214 should include his Certificate of Achievement, dated 8 May 1980 and Soldier of the Month Certificate for the 9th Infantry Division.  His qualification in arms should include the Expert Marksmanship Qualification Badge with Rifle (M-16), Machine Gun (M-60), and Grenade Bars.

   e.  In effect, from his entry in the Army through the time of his discharge he had the following symptoms the entire time:

* gastric pain
* nausea
* chest and arms pain
* light headedness
* anorexia
* high blood pressure

   f.  These symptoms caused him to become depressed.  His mental status evaluation completed on 10 March 1981 was within normal limits.  The day before his first sick call in the Amy he received a yellow fever vaccine and plague immunization.  He believes that he had a reaction to either one or the other of these shots or the combination of both shots administered on the same day.  Although severe reactions are rare, administering both shots at the same time could very well increase the possibility of an adverse reaction.  At the time of his discharge examination he experienced chest pain, epigastria pain, and shortness of breath since January 1981.
4.  The applicant provides copies of the following:

* Certificate of Achievement
* two Standard Forms (SF) 600 (Health Record – Chronological Record of Medical Care)
* DA Form 3822-R
* Separation Under the Provisions of Chapter 13, Army Regulation 635-200 (Personnel Separations – Enlisted Separation), Personality Disorder memorandum (1 copy of page 5 and 2 copies of page 2)
* DD Form 214
* three Department of Veterans Affairs (VA) Progress Notes
* letter to a Member of Congress
* previous ABCMR ROP

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 AR20130003518 on 15 October 2013.

2.  The applicant provides copies of his Certificate of Achievement, two SFs 600, three VA Progress Notes, and a letter to a Member of Congress.  This is new evidence and will be considered by the Board.

3.  His military records show he enlisted in the Regular Army on 13 February 1980 for 4 years.  He was awarded MOS 11B (infantryman).  He was advanced to pay grade E-3 on 13 February 1981.

4.  He provided copies of the following:

* Certificate of Achievement, dated 8 May 1980, issued for his outstanding performance in attaining a maximum score on the infantry qualification test
* SF 500 which shows he was seen in the emergency room for chest pain in May 1981 and referred to the TMC
* SF 500 which shows on 19 August 1981 he was referred to the Community Mental Health Activity for suspicion of a drug overdose and he received supportive therapy on 24 August 1981

5.  His records contain a DA Form 3349 (Physical Profile Board Proceedings), dated 8 July 1981, which shows he was assigned a temporary profile for severe eye irritation.  He was assigned to quarters until 13 July 1981 to rest his eyes and stay out of the light.
6.  His records contain and he also provided a copy of a DA Form 3822-R which shows he underwent a mental status evaluation on 20 August 1981 for the purpose of separation for unsuitability.  The applicant's behavior was found to be hostile. He was found to be fully alert and oriented and his mood was labile.  His thinking process was clear and he was found to be mentally responsible.  The examining psychiatrist diagnosed the applicant with a personality disorder, mixed-type, passive-aggressive and aggressive.  He stated the condition and the problems presented by the applicant were not in his opinion amendable to hospitalization, treatment, transfer, disciplinary action, training or reclassification to another type of duty within the military.  The applicant's physical psychiatric profile indicated a marked unsuitability for service and indicated administrative separation was entirely appropriate if deemed advisable by the command.

7.  On 20 August 1981, he received counseling from his unit leaders for his poor duty performance, misconduct, personal problems, and grounds for punishment with an Article 15, Uniform Code of Military Justice punishment.

8.  On an unknown date, the applicant's company and battalion commanders advised the applicant that due to his negative attitude and unprofessional appearance he was being considered for a discharge under chapter 13 of Army Regulation 635-200, for unsuitability.

9.  On 28 September 1981, the applicant’s company commander initiated action to separate the applicant under the provisions of Army Regulation 635-200, chapter 13, for unsuitability.  He advised the applicant of his rights.  Page 2 of the memorandum contains the company commander's signature.

10.  On 29 September 1981, after consulting with counsel, the applicant acknowledged receipt of the proposed separation.  He also acknowledged he could receive a general discharge and the results of the receipt of such a discharge.  He waived his rights and elected not to submit a statement in his own behalf.    

11.  On 1 October 1981, the applicant's battalion commander recommended approval of the applicant's discharge.

12.  On 2 October 1981, the separation authority approved the applicant’s discharge and directed the issuance of an honorable discharge.

13.  He was discharged accordingly in pay grade E-3 on 21 October 1981.  He was credited with completing 1 year, 6 months, and 9 days of active service.  His DD Form 214 lists in:

* Item 13 – Expert Qualification Badge with Rifle Bar (M-16) and Army Service Ribbon
* Item 14 – "None"
* Item 25 (Separation Authority) – Paragraph 13-4b, Army         Regulation 635-200
* Item 26 (Separation Code) – "JMB"
* Item 28 – Unsuitability-Personality Disorder

14.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

* Item 8 (Aptitude Area Scores) his scores
* Item 9 (Awards, Decorations, and Campaigns) the:

* Expert Marksmanship Qualification Badge with Rifle (M-16), Machine Gun (M-60), and Hand Grenade Bars
* Army Service Ribbon

* Item 10 (Other Test) – "Blank"
* Item 17 (Civilian Education and Military Schools) he completed:

* high school in 1976
* Infantryman 11B Course, 12 weeks, 1980

* Item 35 (Record of Assignments) he completed training for MOS 11B at Fort Benning, GA and was subsequently assigned to the Company Support Company, 3rd Battalion, 39th Infantry, Fort Lewis, WA

15.  He further provided copies of the following:

   a.  VA Progress Notes which show he underwent a Compensation and Pension Examination on 19 May 2011.

   b.  VA Progress Notes which show he underwent individual supportive therapy for anxiety on 28 August 2012.

   c.  A letter, dated 11 March 2013, wherein the Commanding General, U.S. Army Public Health Command, in response to an inquiry on behalf of the applicant, advised a Member of Congress of service members being routinely immunized with inactivated plague and yellow fever vaccines and their systemic reactions. 


   d.  VA Progress Notes which show he received treatment in Optometry on 27 September 2013, after eye surgery.

16.  There is no indication the applicant applied to the Army Discharge Review Board within its 15-year statute of limitations to change the narrative reason for his discharge.

17.  Army Regulation 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel.  Paragraph 13-4b provided for separation due to personality disorder.  When a Soldier did not develop sufficiently to participate satisfactorily in military training or improve his conduct and work efficiency, the commander was to initiate separation action prior to the Soldier's expiration of his term of service.  Discharge for personality disorder required a diagnosis by a psychiatrist based on the Diagnostic and Statistical Manual  (DSM-II) of Mental Disorders, International Classification of Diseases and Injuries.  The DSM-II criterion for personality disorder included a deeply ingrained, maladaptive pattern of behavior of a long duration interfering with an individual's ability to adapt and work.  From an Army medical viewpoint, every Soldier diagnosed as having a personality disorder was capable of controlling his actions.  Finally, when separation for unsuitability based on personality disorder was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual’s entire record.

18.  Army Regulation 635-5-1 (Separation Program Designator Codes (SPD)), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It stated that the SPD code "JMB" was the appropriate code to assign Soldiers separating under the provisions of Army Regulation 635-200, paragraph 13-4b, due to unsuitability-personality disorders.

19.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  The regulation stated:

* Item 13 would list all authorized awards; there are no provisions for listing the Certificate of Achievement or the Soldier of the Month Certificate on the DD Form 214
* Item 14 would list all service schools completed during the period covered by the DD Form 214
* Item 26 would list the proper SPD representing the reason for separation
* Item 28 would list the reason for separation based on the regulatory or statutory authority

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of item 13 of the applicant's DD Form 214; the evidence shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), and the Expert Marksmanship Qualification Badge with Hand Grenade Bar and Army Service Ribbon during his period of service.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  With regard to correction of item 14 of his DD Form 214:

   a.  The evidence shows he completed 12 weeks of the Infantryman 11B Course in 1980.  Therefore, his DD Form 214 should be corrected to show this course.

   b.  There is no evidence and he provided none showing he completed any other training during his period of service.  Therefore, there is insufficient evidence to support adding any other training to item 14 of this form.

3.  With regard to a change of the narrative reason for his discharge:

   a.  The evidence shows he received a mental health evaluation in accordance with the provisions of Army Regulation 635-200, chapter 13, unsuitability-personality disorder.  A psychiatrist diagnosed him with a personality disorder with mixed type, passive-aggressive and aggressive and a marked unsuitability for service with the military and advised appropriate administrative separation.

   b.  Action was initiated and the separation authority approved his discharge under the provisions of Army Regulation 635-200, paragraph 13-4b, for unsuitability-personality disorder.  Accordingly, he was honorably discharged on 21 October 1981.  

   c.  There is no evidence of record and he did not provided sufficient evidence showing his personality disorder diagnosis was in error or that he was not properly and equitably discharged in accordance with the regulations in effect at the time.  It appears that all requirements of law and regulations were met and that his rights were fully protected throughout the separation process.


   d.  The current entry in item 28 of his DD Form 214 is appropriate considering all of the facts and circumstances of his discharge.  There is no error or injustice and no further correction is required.

4.  With regard to listing his Certificate of Achievement and Soldier of the Month Certificate on his DD Form 214, in accordance with regulatory guidance these certificates are not shown on the DD Form 214.  Therefore, he is not entitled to the requested relief.

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 13 of his DD Form 214 the Expert Qualification Badge with Rifle Bar (M-16)
* adding to this item the – 

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16),
* Expert Marksmanship Qualification Badge Machine Gun Bar (M-60)
* Expert Marksmanship Qualification Badge Hand Grenade Bar

* adding to item 14 of this form the entry, "Infantryman 11B Course, 12 weeks, 1980"

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:

* adding to item 13 of his DD Form 214 his Certificate of Achievement and Soldier of the Month Certificate
* adding to item 14 of this form any other courses/training
3.  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 Docket Number AR20130003518, dated 15 October 2013.




      _______ _   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)                                         AR20140018788



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ABCMR Record of Proceedings (cont)                                         AR20140018788



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