BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140019525 


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 his general discharge under honorable conditions be upgraded to an honorable discharge.

2.  The applicant states he initially enjoyed his assignment in West Germany.  Things changed after the arrival of his new platoon sergeant.  He describes the conflicts he had with the new sergeant.  He talked to his squad leader and she informed him the sergeant was about to retire and he was only an E-2.  She noted the U.S. Army would discharge him and that they would give him the best discharge that they could give him at the time.  He would see the psychiatrist once and he was told what to say in order to get him back home quickly.  He did as he was told.  He was miserable, embarrassed, and ashamed and it was in Germany where he first tried to commit suicide.  He is still embarrassed and ashamed and it is very hard to mention or talk about the sergeant in Germany.  He started seeking psychiatric help in 1992.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 12 January 1988.

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.  On 4 December 1986, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 72E (Tactical Telecommunication Center Operator).  On 3 July 1987, he was assigned to Headquarters and Headquarters Battery, 72nd Field Artillery Brigade in Germany.

3.  His service medical records are not available for review.  A record of a diagnosis concluding his personality disorder was so severe that his ability to function in the military environment was significantly impaired is not available for review.

4.  His commander notified him that he was initiating action to discharge him under the provisions of chapter 5, paragraph 5-13 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for a severe personality disorder.  The reason for his proposed action was that his condition was a deeply ingrained maladaptive pattern of behavior of long duration which interfered with his ability to function effectively in the military environment.  The applicant informed his commander that he had suicidal tendencies and due to this behavior pattern, he was denied access to classified material which rendered him incapable of functioning in his MOS.  The commander further notified the applicant that he was recommending his period of service be characterized as honorable.

5.  The commander advised the applicant of his right to:

* submit statements in his own behalf
* be represented by counsel
* obtain copies of documents that would be sent to the separation authority supporting the proposed separation
* waive any or all of these rights in writing and that failure to respond within 7 days would constitute a waiver of his rights
* withdraw any waiver of rights at any time prior to the date the discharge authority directed or approved his discharge



6.  On 17 December 1987, the applicant submitted a statement acknowledging that he had been advised by counsel of the basis for the contemplated action to discharge him under the provisions of paragraph 5-13 of Army Regulation
635-200 for a personality disorder.  He waived his rights and stated he was not submitting statements in his own behalf.  He stated he had retained a copy of his statement.  He acknowledged that he understood he would be ineligible to apply for enlistment in the Army for 2 years after discharge.  He understood that his service was to be characterized as general under honorable conditions and that he would be given a General Discharge Certificate.

7.  On 22 December 1987, his commander recommended him for discharge under the provisions of Army Regulation 635-200, paragraph 5-13.  

	a.  His reason for the action recommended was the applicant had a severe personality disorder.  This condition was a deeply ingrained maladaptive pattern of behavior of long duration which interfered with his ability to function effectively in the military environment.  The applicant informed his commander that he had suicidal tendencies and, because of this behavior pattern, he was denied access to classified material which rendered him incapable of functioning in his MOS.  

	b.  A report of mental status evaluation or psychiatric report was attached to the recommendation.  This evaluation was not available for review.

	c.  The commander did not believe any amount of counseling or change of MOS, or change of unit, would produce the quality Soldier for today's Army.  The Soldier's rehabilitation would require a complete change of attitude on his part which the commander did not believe he was capable of.

	d.  There were no records of courts-martial and no record of other disciplinary action shown on the recommendation.

8.  The appropriate authority approved the recommendation for discharge due to personality disorder, waived the requirement for a rehabilitation transfer, and directed a General Discharge Certificate be issued to the applicant.

9.  On 12 January 1988, the applicant was discharged under the provisions of paragraph 5-13 of Army Regulation 635-200 by reason of personality disorder.  He completed 1 year, 1 month, and 9 days of active service that was characterized as under honorable conditions.

10.  There is no indication the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge within the ADRB's 15-year statute of limitations.
11.  Army Regulation 635-200, then in effect, provided the basic authority for the separation of enlisted personnel.  

	a.  Paragraph 5-13 stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty.  

		(1)  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.  Separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15 of this regulation; Army Regulation 604-10; or Army Regulation 635-40.

		(2)  Paragraph 5-13h stated the service of a Soldier separated per this paragraph was characterized as honorable unless an entry level separation was required under chapter 3, section III.  Entry level status is defined for Regular Army Soldiers as the first 180 days of continuous active duty.

		(3)  Characterization of service under honorable conditions was awarded to a Soldier who had been convicted of an offense by general court-martial or who had been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

12.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  

DISCUSSION AND CONCLUSIONS:

1.  There was no mental status evaluation available for review.  Based on the reason for his discharge, it is presumed an evaluation was completed and he was diagnosed with a personality disorder so severe that his ability to function in a military environment was significantly impaired.

2.  The applicant meets the criteria set forth in paragraph 5-13h of Army Regulation 635-200, in effect at the time, for the issuance of an honorable discharge.

	a.  There are no records of courts-martial and no record of other disciplinary action in his official military personnel file.

	b.  He was not in an entry level status.

BOARD VOTE:

___X_____  ___X_____  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by re-issuing the applicant's DD Form 214 for the period ending 12 January 1988 to show the characterization of service as "Honorable."   



      _______ _   _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)                                         AR20140019525



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ABCMR Record of Proceedings (cont)                                         AR20140019525



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