IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20150000112
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 Narrative Reason for Separation as Post-Traumatic Stress Disorder (PTSD).
2. The applicant states:
* Before entering the Army, he was not diagnosed with any psychological issues/illness/concerns
* When he was discharged from the Army he was diagnosed with or labeled as having a personality disorder
* Before his diagnosis, he was sexually violated
* He did not discuss it with anyone except the chaplain because he was too ashamed and embarrassed
* He did not trust the higher command to take the best course of action
* It was a higher military authority who was responsible for violating him
* He did not want to deal with any other bias
* He was suffering from PTSD at the time of his discharge
* He constantly had upsetting dreams about the traumatic event, severe emotional distress or physical reactions to something that reminded him of the event
* He relived the traumatic event as if it were happening again (flashbacks)
* He began demonstrating changes in his emotional reactions
3. The applicant provides:
* Army Review Board Agency letter (undated)
* DD Form 214
* VISTA Electronic Medical Documentation Progress Notes (page 2 and page 11)
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 17 May 1994, the applicant enlisted in the Regular Army for 3 years. He completed training as a wheel vehicle repairer.
3. The facts and circumstances pertaining to the applicant's discharge are not available. His DD Form 214 shows he was discharged under honorable conditions (general) on 8 August 1995. He was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, due to a personality disorder. He received a General Discharge Certificate.
4. On 12 January 2011, the Army Discharge Review Board (ADRB) upgraded the applicant's discharge from general to fully honorable. However, the ADRB determined that his reason for discharge was proper.
5. The applicant provides two pages of VISTA Electronic Medical Documentation Progress Notes. Neither of these documents states that he was suffering from PTSD while he was in the Army or that he has been diagnosed with PTSD since his discharge from the Army.
6. Army Regulation 635-200 (Enlisted Personnel Separations) provides the basic authority for the separation of enlisted personnel. Paragraph 5-13, in effect at the time, provided that a Soldier could be separated for personality disorder, not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) which 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. The regulation also directed that commanders would not take action prescribed in this chapter in lieu of disciplinary action, required that the diagnosis concluded the disorder was so severe that the Soldiers ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 (Military Personnel Security Program); or Army Regulation 635-40.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) 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. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. There is no evidence in the available record and the applicant has provided insufficient evidence to show he was diagnosed with PTSD either while he was in the Army or since his discharge from the Army. The available evidence shows that he was discharged due to a personality disorder and that he received a general discharge. The ADRB subsequently upgraded his general discharge to fully honorable.
3. The applicant has not shown that the narrative reason for separation he received is incorrect or unjust. Therefore, his request should be denied.
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) AR20150000112
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