MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            6 October 1999                            
	DOCKET NUMBER:   AR1999021065

	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	
	Mrs. Judy Blanchard-Miller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		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 separation for personality disorder be changed to a medical separation.

APPLICANT STATES:  That his DD Form 214 says nothing of the injuries he sustained during his term of service.  He has been diagnosed with bursitis of the right hip joint, injured right knee, back injury, pain in the right ankle and hearing loss in the left ear.  No supporting evidence is provided.

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

He received an enlistment physical examination on 7 August 1995 and was initially found not qualified for enlistment.  It was noted he had incurred knee, back and neck injuries in a motor vehicle accident in May 1994.  Some type of ankle problem was also noted.  He was examined by orthopedics in January 1996 and was found qualified for enlistment on 27 January 1996.

The applicant enlisted in the Regular Army on 27 March 1996.  He completed basic training and advanced individual training and was awarded military occupational specialty 57E (Laundry and Bath Specialist).

In November 1997, the applicant received a performance counseling.  The counseling noted in part “…how many appointments you actually had, but we do have an appointment checklist of all of them, the ones you made and the many you missed.”

On 23 January 1998, a mental status evaluation determined the applicant had the mental capacity to understand and participate in proceedings, was mentally responsible, and was able to distinguish right from wrong.  Four diagnoses were made:  occupational problem; alcohol abuse; borderline personality disorder with antisocial and paranoid strains; and deterioration of hip joint (per medical records).  Administrative separation was recommended.

On an unknown date, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, Chapter 5-13, personality disorder.  An attached Soldier Information Report noted that on three occasions (twice before a unit deployment), the applicant checked himself in to a local mental institution.

On 18 February 1998, the applicant acknowledged notification of the action after consulting with counsel.  He elected not to submit statements in his own behalf.  

The applicant completed a separation physical.  The SF Form 88 noted his left hip was being evaluated at Walter Reed Army Medical Center.  However, he was found qualified for separation with a physical profile serial of 111111 (no limitations).
The applicant’s DA Form 2A, Personnel Qualification Record, dated 10 March 1998 shows his physical profile serial as 111121 (the 2 in the eyes category, possibly because he was found to be color blind during his enlistment physical examination.)

On 16 March 1998, the appropriate authority approved the recommendation and directed the applicant be transferred to the Individual Ready Reserve with an honorable characterization of service. 

On 25 March 1998, the applicant was released from active duty under the provisions of Army Regulation 635-200, Chapter 5-13, personality disorder.  He had completed 1 year, 11 months and 29 days 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.   

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.
Paragraph 3-1 states that despite any other provisions of this regulation, after a soldier has been enlisted, the soldier will not be declared physically unfit for military service because of disabilities known to exist at the time of the soldier’s acceptance for military service that have remained essentially the same in degree since acceptance and have not interfered with the soldier’s performance of effective military service.

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 evidence of record shows the applicant was accepted for enlistment with knee, back and ankle problems.  He was never given a physical profile for either these or his hip problem.  There is no evidence that any of these problems or a hearing loss interfered with the performance of his duties.  

3.  The evidence of record shows that it was the applicant’s mental problems that interfered with his duties.  He was diagnosed with a personality disorder and was appropriately administratively separated for the personality disorder.

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

__aao___  __vbc___  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021065	
SUFFIX		
RECON		
DATE BOARDED	19991006	
TYPE OF DISCHARGE	HON	
DATE OF DISCHARGE	19980325	
DISCHARGE AUTHORITY	AR 635-200, Ch 5-13 	
DISCHARGE REASON	A42.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.