MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           20 June 2000                   
	DOCKET NUMBER:   AR2000036755

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 non-service connected disability determination be changed to service aggravated.

APPLICANT STATES:  That except for the Army, no doctor ever diagnosed him with an anxiety neurosis.  Both the department of corrections and Doctor C___, in 1996, agree he has an antisocial disorder which started at age 15.  He did not have a mental disorder.

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

He enlisted in the Regular Army on 15 July 1971.  

The applicant’s physical evaluation board (PEB) packet is not available.  He was apparently evaluated for an anxiety disorder condition and diagnosed with an anxiety neurosis that existed prior to service (EPTS).

On 4 May 1972, the applicant was honorably discharged under the provisions of Army Regulation 635-40, physical disability, EPTS.

On 9 May 1996, a clinical psychologist diagnosed the applicant as having a personality disorder, antisocial, borderline.  The psychologist noted that the applicant described multiple antisocial behaviors before age 15 but escalating dramatically after his father’s death.  Other than noting that the applicant reported that he was “drunk when I went in the Army and drunk when I got out,” the psychologist did not mention his military service.

Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  Paragraph 3-35 -- personality, sexual or factitious disorders; disorders of impulse control not elsewhere classified, psychoactive disorders – states that such conditions may render an individual administratively unfit rather than unfit because of physical disability.  Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels.

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 this requirement.

2.  The applicant may have been diagnosed with a personality disorder in 1996, but that 1996 diagnosis is insufficient evidence to show that he did not have an anxiety neurosis in 1972.

3.  In addition, the 1996 diagnosis clearly shows that the applicant’s personality disorder had also existed prior to service with no evidence that the service aggravated his condition.  Also, had the applicant been diagnosed with only a personality disorder during the period he was in the service, he would not have been eligible for disability separation processing.  He would have been administratively separated with no determination made as to whether or not the condition was service aggravated.

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

__VBC___  __JEA___  __EWL___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000036755	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.