IN THE CASE OF:  	  

		BOARD DATE:  6 October 2015	  

		DOCKET NUMBER:  AR20150001750 


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, in effect, removal of the separation authority and narrative reason for separation from his reissued DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* he wants all references to an unstable personality and/or personality disorder and associated codes removed from his DD Form 214
* the diagnosis was in error
* he has since been diagnosed by the Department of Veterans Affairs (VA) with depression, not personality disorder or unstable personality
* the stigma of being discharged for a personality disorder has dogged him for 45 years – that is long enough

3.  The applicant provides:

* VA Form 21-22a (Appointment of Individual as Claimant's Representative)
* VA Compensation and Pension Examination Report
* original DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

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 enlisted in the Regular Army on 17 October 1966 for a period of 3 years.  He successfully completed basic training.

3.  On 8 February 1967, he underwent a mental status evaluation and was diagnosed with a character or behavior disorder classified as emotionally unstable personality, chronic, severe, which existed prior to his entry on active duty.

4.  On 9 February 1967, discharge proceedings were initiated to separate him for unsuitability under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability).  He consulted with counsel, waived his rights, and elected not to submit a statement on his own behalf.  The separation authority approved the recommendation for separation and directed the issuance of a general discharge under honorable conditions.

5.  He was discharged for unsuitability on 10 March 1967 under the provisions of Army Regulation 635-212 due to character and behavior disorder with a general discharge and the issuance of a DD Form 257A (General Discharge Certificate).  He completed 4 months and 24 days of total active service.

6.  Item 11c (Authority and Reason) of his DD Form 214 shows:

* Army Regulation 635-212, paragraph 6b(2)
* separation program number (SPN) 264 (unsuitability – character and behavior disorders)

7.  On 14 December 2000, the ABCMR upgraded his character of service to honorable.  His original DD Form 214 was voided and he was reissued a DD Form 214 which shows in:

* item 25 (Separation Authority) – Army Regulation 635-212, 
paragraph 6b(2)
* item 26 (Separation Code) – 264
* item 28 (Narrative Reason for Separation) – unsuitability – character and behavior disorder

8.  He provided a VA Compensation and Pension Examination Report, dated 26 August 1997, which states:

* the applicant had a nervous breakdown in the Army and was discharged
* he was diagnosed with depression and pedophilia
* he is not occupationally or socially impaired
* he has a history of anxiety while in the Army and not being able to take the stress of Army life
* he was under psychiatric care at the time 

9.  Army Regulation 635-212, in effect at the time, set forth the policy and prescribed procedures for eliminating enlisted personnel for unfitness and unsuitability.  Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that the individual was unlikely to develop sufficiently to participate in further military training and/or become a satisfactory Soldier and he met retention medical standards.  Unsuitability included inaptitude; character and behavior disorders; apathy, defective attitudes, and inability to expend effort constructively; alcoholism; and enuresis.  An honorable discharge or a general discharge under honorable conditions was considered appropriate.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) prescribes the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  SPD code 264 applies to Soldiers being discharged for unsuitability due to character and behavior disorders under the provisions of Army Regulation 635-212, paragraph 6b(2).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his separation code and narrative reason for separation should be changed because the personality disorder diagnosis was in error.  However, there is no evidence and he provided no evidence which shows his 1967 personality disorder diagnosis was in error.

2.  The evidence shows he was diagnosed with a personality disorder by competent medical authorities in 1967 and he was discharged for unsuitability due to a character and behavior disorder under the provisions of Army Regulation 635-212, paragraph 6b(2).  His separation code and narrative reason for separation were administratively correct and in conformance with applicable regulations at the time of his discharge.  There is no error or injustice; therefore, there is no basis for amending his separation code or narrative reason for separation.

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 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)                                         AR20150001750





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001750



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1