MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             28 September 2000                  
	DOCKET NUMBER:     AR2000038796

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 DD Form 214 (Separation Document) be corrected by changing the current reentry (RE) code and the narrative reason for separation.

APPLICANT STATES:  That at the time of his discharge he did not have a personality disorder.  The personality disorder diagnosis was an incorrect diagnosis; therefore, the narrative reason is incorrect and should be removed from his DD Form 214.  In support of his application the applicant submitted a statement in which he says that throughout his military career, he never had any disciplinary problems and had a normal career until he started experiencing severe health and personal problems.  While he was awaiting the final decision of his compassionate assignment request he got into an argument and said some things in stress.  None of the things he said were violent or anything that would cause harm to himself or anyone else.  The next thing he knew, he was being counseled for unusual behavior and processed out with a personality disorder.  He did not have a personality disorder then or now. 

EVIDENCE OF RECORD:  The applicant's military records were not available.  The information herein was provided by the applicant.

The applicant's military records show that after 13 years active and inactive US Army Reserve service he enlisted into the Regular Army on 13 October 1996, completed training as a construction equipment repairer and achieved the rank of specialist. 

On 29 May and 5 June 1998 the applicant’s company and then battalion commander requested favorable consideration of the applicant’s request for compassionate assignment.  The commander cited that the applicant faced excessive financial responsibilities in support of an elderly parent, faced numerous legal appointments, a court appearance, and received financial counseling to assist him with efforts to recover $80,000 stolen from his parents.

On 6 November 1998 a mental status evaluation of the applicant was conducted by a psychiatrist with the following observations.  The applicant was referred for evaluation due to ongoing concerns regarding suicide risk.  The applicant was dealing with numerous psychosocial stressors.  Reportedly, the applicant had a home repossessed, a homeless mother requiring medical attention for diabetes and had been charged with failure to pay child support.  In addition, he had compounded his problems by going absent without leave, which he explained was required since his unit would not help him to the extent he required.  The applicant felt that due to his family’s needs he could no longer remain in the 

military.  He did not report any significant psychiatric symptoms, but described himself as despondent because “no one can help me”.  He denied any suicidal ideation, intent, or plan and signed a safety contract when assured it would not be used against him.  The psychiatrist diagnosed the applicant with Adjustment Disorder with mixed disturbance and Personality Disorder.  His findings were that the applicant had no psychiatric disease or defect, but did have a personality disorder and that the applicant’s maladjustment to military service reflected a life-long pattern of recurrent and immature behavior, as well as an inability to relate effectively to others, (and is so deeply ingrained and severe as to significantly impair his capacity to adapt and function in the military environment).  He recommended that the applicant be separated under Chapter 13, Personality Disorder.

On 16 December 1998, the applicant’s commander initiated separation action under the provisions of AR 635-200, Chapter 5, Personality Disorder.

The applicant acknowledged notification of the separation action and waived the opportunity to submit a statement on his behalf or to have military counsel provided for him.  The applicant indicated that he understood the basis for the contemplated action, its effects, the rights available to him, and that he understood the nature and consequences of the discharge.  Further, he waived consideration of his case by an administrative separation board.

The appropriate authority approved the recommendation and directed the applicant receive an honorable discharge.

On 20 January 1999 the applicant was honorably discharged in accordance with AR 635-200, Chapter 5-13, Personality Disorder, with reentry code RE-3.

The records do not reflect if the applicant’s request for compassionate reassignment was approved or disapproved; however his presence in the unit 5 months after the initial request would indicate that most likely it was disapproved.

Army Regulation 635-200, Chapter 5-13, provides for the separation of enlisted soldiers for personality disorders when the condition is deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the soldier’s ability to perform duty.

Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge.  Army Regulation 601-210 covers eligibility criteria, 

policies, and procedures for enlistment and processing into the Regular Army and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waivable.

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 was counseled by his commander of his intent to discharge him due to a personality disorder diagnosis.  The applicant concurred with the proceedings by waiving his rights to appear before an administrative board or submit a rebuttal statement.  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.  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.

3.  A military psychiatrist diagnosed the applicant with a personality disorder and noted that he did not have a mental illness that would qualify for separation through medical channels.  The Board concludes that the applicant was properly discharged.

4.  The applicant has provided no evidence to show that at the time of his discharge in 1999 he did not have a personality disorder, as it related to military service.  The Board concludes that subsequent diagnosis may show that he currently does not have a personality disorder as it relates to non-military service.

5.  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

___rvo __  ___dph __  ___emw_  DENY APPLICATION

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

INDEX

CASE ID	AR2000038796	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000928	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.