MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            24 February 1999
	DOCKET NUMBER:   AC98-09528
				   AR1998013422

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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:  In effect, that his narrative reason for separation (personality disorder) on his DD Form 214 be changed to a more favorable reason. 

APPLICANT STATES:  In effect, that his narrative reason for separation (personality disorder) is inappropriate and unjust.

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

The applicant enlisted on 24 October 1989 for a period of four years.  He completed basic and advanced individual training as a power generator 
equipment repairman and was assigned to Germany.

The applicant received non judicial punishment (NJP) on 31 July 1990 for being absent from his appointed place of duty, violation of a general regulation, and failure to go to his appointed place of duty.  His punishment consisted of a reduction to E-1, a forfeiture of pay, and 14 days restriction and extra duty. 

On 24 July 1990 the applicant underwent a psychiatric evaluation, which diagnosed the applicant as having an antisocial personality disorder.  The psychiatrist indicated that the applicant was having a difficult time in adjusting to his unit and the US Army.  He also indicated that the applicant did not agree with policies of the US Army and stated that he wanted to be discharged.

On 2 August 1990, the applicant was notified of pending separation under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-13, for a personality disorder.  The applicant waived consultation with counsel, waived a hearing by a board of officers and elected not to submit a statement in his own behalf.

On 3 August 1990, the separation authority approved the recommendation for discharge and directed that he be furnished an Honorable Discharge Certificate.  The applicant was discharged on 23 August 1990.  He had a total of 10 months of creditable service.  

The applicant applied to the Army Discharge Review Board (ADRB) on 15 March 1993 for a change in his narrative reason for separation.  The Board determined that his discharge was proper and equitable and denied his request for a change in narrative reason for separation on 18 January 1996.

Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the soldiers ability to perform duty.  The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action, requires that the diagnosis concludes the disorder is so severe that the soldier’s ability to function in the military environment is significantly impaired, and states that separation for personality disorder is not appropriate when separation is warranted under other provisions of regulation.

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.  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.

2.  The type of discharge directed and the reasons therefore were appropriate considering all of the facts of the case.

3.  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.

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

CMF____  MDM____  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-09528/1998013422	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990224	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.