MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 February 2001                  
	DOCKET NUMBER:   AR2000043735

	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	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr. 		Chairperson	
	Mr. Walter T. Morrison 		Member	
	Mr. Thomas Lanyi 		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 her narrative reason for discharge, personality disorder, be changed to secretarial authority.

APPLICANT STATES:  In effect, that her diagnosis of a mixed personality disorder is not legal because the electronic inpatient treatment record is not signed and that a follow-up evaluation, 2 years after the original diagnosis, found no personality disorder.  She further states that she was a good soldier, that she was never counseled about work performance prior to hospitalization, and that the Standard Installation/Division Personnel System (SIDPERS) Assistance Visit Inspection Checklist shows her work performance was up to standards.  Lastly, she states that she was treated unfairly by her command.

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

On 27 August 1996, she enlisted in the Regular Army for 4 years.  She was initially found to be unqualified for military service due to treatment of a major depression in 1994, 9 months' use of Prozac, and an admission that when she was 6 years old, she tried to commit suicide by hanging.  The applicant requested and received a medical waiver based on a diagnosis of no current mental disease and was allowed to enlist.  Following completion of all required military training, the applicant was awarded the military occupational specialty (MOS) 75H, Personnel Services Specialist, and was assigned to Fort Hood, Texas.

On 14 November 1997, the unit commander notified the applicant that he was initiating separation action under the provisions of Chapter 5-13, Army Regulation 635-200 for a personality disorder with an honorable discharge (HD). The commander stated that his reasons for recommending discharge were the applicant’s suicide gestures on two occasions.  The first gesture occurred in June 1997 when she told her supervisor that she thought about suicide and felt extremely lonely within the unit and the second was when she attempted to drink Windex in front of her husband, a soldier.  After the Windex episode, the applicant was command-referred to the Mental Health Unit and was admitted to the hospital for a week.  While the applicant was hospitalized, she was examined by a psychiatrist and found to have a mixed personality disorder.  The psychiatrist recommended that the applicant be discharged under Chapter 5, AR 635-200 or another chapter deemed appropriate by the command.  

After consulting with legal counsel, the applicant elected to submit a statement in her own behalf; however, the only statement she submitted was a letter and memorandum on reducing first term attrition while maintaining a quality force.

On 12 December 1997, the unit commander recommended the applicant be separated from the Army under the provisions of Chapter 5, Army Regulation 635-200, with an HD.  The intermediate commander concurred.
On 13 January 1998, the appropriate authority approved the applicant’s discharge with an HD.  Accordingly, on 28 January 1998, the applicant was discharged after completing 1 year, 5 months, and 2 days of creditable military service.

Following discharge from the Army, the applicant, now a dependent spouse, was enrolled in the Exceptional Family Member Program (EFMP) because of her mental health status.  The applicant remained in the program until her husband was selected for an overseas assignment.  His assignment was placed on hold due to the applicant’s participation in the EFMP.

With her husband’s overseas assignment on hold,  the applicant requested to be disenrolled from the EFMP.  The Director of the EFMP requested evaluation of the applicant by the Department of Mental Health at Fort Rucker, Alabama.  After a thorough psychiatric examination, the applicant was found to have no true personality disorder at that time.

Army Regulation 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides, in part, when separation is because of a personality disorder, the service of the soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III.  Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlisted period of obligated service, or any extension thereof.

On 25 August 1999, the Army Discharge Review Board (ADRB) denied the applicant’s request for a change in the narrative reason for discharge.

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 Board notes the applicant’s contention that her diagnosis of a personality disorder is not legal because it was not signed; however, an unsigned computer-generated record of inpatient treatment does not make the diagnosis or treatment illegal.  Furthermore, the evidence of record shows the applicant was treated for mental problems prior to service and received a medical waiver to join the military.  Although the applicant may not be exhibiting signs of a personality disorder at this time, it does not mean she did not have one at separation.

2.  The evidence of record indicates the applicant was counseled at least twice on her job performance prior to being evaluated and treated for her personality disorder.
3.  The Board finds no evidence of unfair treatment by the applicant’s command. The record indicates the command attempted to assist the applicant in becoming a satisfactory soldier through counseling and ensuring that she received appropriate medical treatment.

4.  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

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___  __wtm___  __tl_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000043735	
SUFFIX		
RECON		
DATE BOARDED	20010206	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19980128	
DISCHARGE AUTHORITY	AR 635-200, C5	
DISCHARGE REASON	144.8600	
BOARD DECISION	DENY	
REVIEW AUTHORITY	DASA	
ISSUES         1.	144.9323	
2.	144.9411	
3.	144.9201	
4.		
5.		
6.