MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9808231

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his military records be corrected to show he received a hardship discharge instead of a Chapter 5-13, Personality Disorder discharge.

APPLICANT STATES:  In effect, that his problems started at Fort Knox, KY, when his wife began to make threats of leaving him because he did not make enough money.  He soon thereafter requested assistance to obtain an early out under honorable conditions and a hardship discharge for marital and financial conditions.  His commander informed him he was not eligible for a hardship discharge.  He began to accept the fact that he may have to complete his enlistment.  One day he reported for duty and was told to proceed to the hospital for a psychiatric analysis.  He was examined and was asked if he wanted out of the military.  He said yes, but would only accept an honorable discharge and did not want a personality disorder discharge.  He reported back to work and was informed that his discharge was definitely a Chapter 5-13.  He consulted with legal counsel, who suggested he could qualify for a hardship.  The chaplain told him the same thing.  His commander basically told him it was either a personality disorder discharge or an under other than honorable conditions discharge.  

EVIDENCE OF RECORD:  The applicant’s military records show:

He enlisted in the Regular Army on 10 September 1992 for 4 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 13B (Cannon Crewmember).  He was promoted to Specialist Four on 1 November 1994.  He has no record of disciplinary actions of any type.

On 13 December 1994, a mental status evaluation diagnosed the applicant with a personality disorder not otherwise specified with passive aggressive and antisocial features.  The disorder was determined to be so severe that his ability to function effectively in the military environment was significantly impaired.  It was recommended that he be removed from further emotional stresses pending separation under the provisions of Army Regulation 635-200, paragraph 5-13.

On 13 December 1994, the applicant was counseled regarding the findings of the evaluation.  The applicant refused to sign the counseling statement.  

The applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 5-13, Personality Disorder.

The applicant acknowledged notification of the action and consulted with counsel.  He elected not to submit statements in his own behalf.  

On 18 January 1995, the appropriate authority approved the recommendation. 

On 10 February 1995, the applicant was discharged, in pay grade E-4, under the provisions of Army Regulation 635-200, Chapter 5-13, personality disorder.  He had completed 2 years, 5 months and 1 day of creditable active service with no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13, sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty when so diagnosed by a physician trained in psychiatry and psychiatric diagnosis.   

Chapter 6 of that regulation prescribes the procedures for separating members because of hardship.  Hardship exists when, in circumstance not involving death or disability of a member of the soldier’s immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship.  Undue and genuine hardship does not necessarily exist because of altered income or because the soldier is separated from his family or must suffer the inconvenience normally incident to military service.  When soldiers are eligible for separation, their separation will not be disapproved because their services are needed by their organization.  When the basis for the hardship is financial difficulty, a detailed statement is required to establish the monthly income and expense of the family.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant’s commander apparently made a decision that he was not eligible for a hardship discharge.  Part of the approval authority’s responsibility in deciding if a hardship discharge for financial difficulties should be approved is to determine if separation would result in a better financial position for the soldier.  The applicant does not state what his job prospects were post-separation, but presumably the commander was looking at the fact this was a 21-year old soldier whose only training was as a field artillery cannon crewmember.  From the evidence provided, it does not appear that the applicant was eligible for a hardship discharge.
3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  He refused to sign his counseling statement regarding the results of the mental status evaluation, but he could also have submitted a statement in his own behalf protesting the reason for his separation. He did not do so.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Loren G. Harrell
						Director