MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           23 January 2001                             
	DOCKET NUMBER:   AR2000043742

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Walter T. Morrison		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, reconsideration of her earlier request to correct her military records by changing her 1989 re-entry eligibility (RE) code of RE-3 to RE-1.

APPLICANT STATES:  In effect, she repeats her previous contention that she was misdiagnosed as having a personality disorder.  She relates that she did not really want to take her own life that she was being abused by her husband and could not escape from him because of her military status.  She thought she needed to get out of the Army to get away from her spouse.  She could not be truthful about what was happening because she feared provoking further abuse.  Her husband was present at every evaluation.  After the discharge she escaped by becoming homeless.  Since then, she has worked as an advocate for abused women.  She tried to enlist in the Army Reserve (USAR) but was denied because of her RE code.  She received psychological testing and evaluation that demonstrates that she was normal and was authorized to enlist in the USAR.  She believes, in effect, that she was misdiagnosed in 1989 and that her record should be changed by expunging this unjust diagnosis.  She submits more recent evaluation(s) to substantiate her request.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's previous consideration of the case (AC93-08849) on 10 November 1993.  

An interim case (AR2000037911) was administratively closed on 24 May 2000 because she did not furnish any substantiating evidence.  That DD Form 149 (Application for Correction of Military Record) is dated 16 February 2000 and lists her present military status as “None.”

The previous MOC reflects that the applicant enlisted on 14 January 1986, reenlisted and extended her enlistment and was advanced to pay grade E-4 on 1 October 1987.  On 9 July 1989 the applicant was admitted through the Emergency Room after lacerating both wrists.  She was released after a 4-day psychiatric hospitalization with diagnoses of “Adjustment disorder with depressed mood, revolved” and “Personality disorder, not otherwise specified with dependent and histrionic features.”  She was properly processed for separation for the convenience of the government due to personality disorder and discharged on 29 August 1989 and assigned a code of RE-3.

On 6 March 1992 the Military Enlistment Processing Station referred the applicant to Fort Jackson, South Carolina for a psychiatric evaluation.  The psychiatrists initially concluded that the applicant’s previous discharge for personality disorder disqualified her for further service.  Subsequently, however, she underwent a psychiatric evaluation at Fort Jackson.  Ultimately, an interview, which included an admission of a 1989 suicidal gesture while being physically abused by her husband and psychometric testing indicated no psychopathology. 
There was no psychiatric diagnosis.  Notwithstanding that medical determination (No Diagnosis) the psychiatrists reported on 30 March 1992 that they still opined that the applicant was disqualified from further service. 

The applicant was the subject of a 30 April 1992 letter from Midlands United Way to a United States Senator in support of the Violence against Women Act.

The applicant received an 11 October 1994 letter from President Clinton thanking her for her “thoughtful letter” on the subject of domestic violence.

The Director, Violence against Women Office, U.S. Department of Justice in a
2 November 1995 thanked the applicant for sending videotapes about her experiences.

On 23 January 1997 the applicant underwent a psychological and intellectual evaluation at a Columbia, South Carolina civilian clinic.  A mental status evaluation was normal and testing indicated no clinical syndrome nor personality disorder.

The Army Reserve Personnel Center’s (ARPERCEN) command surgeon at the Columbia Recruiting Battalion considered the applicant’s case on 25 February 1998, approved a medical waiver and assigned a physical profile of 111111. 

On 25 February 1998 the Chief, Reenlistment Entitlement Branch, ARPERCEN approved a waiver of the prior service discharge and directed that the approval correspondence and the enclosed waiver packet be filed with the applicant’s enlistment contract and in her Military Personnel Record Jacket.  

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 (RA) and the US Army Reserve.  RE-3 applies to persons not qualified for continued Army service, but the disqualification is waiverable. Certain persons who have received nonjudicial punishment are so disqualified, as are persons with bars to reenlistment, and those discharged under the provisions of chapters 9, 10, 13, and 14 of Army Regulation 635-200.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence had been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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 staff of the Board has determined that the March 1992 psychiatric evaluation is substantial relevant new evidence discovered contemporaneously or within a short time after the Board’s original decision.  Fairness and accuracy dictates that the 1997 psychological evaluation and 1998 waiver actions also be considered.

2.  It is the policy of the Board to neither create nor alter service medical records. Such records merely reflect the observations and opinions of medical professionals at the time they were recorded.

3.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.

4.  The applicant’s perseverance in seeking to reenter the service is noted as are her apparent victory over an abusive situation and contributions to society.  The Board also notes that she has now obtained diagnoses that seems at odds with the one that led to her separation.  

5.  However, competent medical authority made those in-service observations and diagnosis based upon the applicant’s behavior and history as she related at the time.  Although, she now reports what now seems good and sufficient reason to have misled those mental health professionals this does not equate to a demonstration that the observations did not occur or that the diagnosis was wrong.  Additionally, the Board notes that as of February 2000, approximately 2 years after she had been authorized enlistment in the USAR, she had apparently not done so.

6.  The totality of the evidence does not demonstrate that there is an error or an injustice in the diagnosis that led to the separation, the reason for separation or the RE code.

7.  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

_LLS____  __TEO __  __WTM _  DENY APPLICATION

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

INDEX

CASE ID	AR2000043742	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.03	
2.		
3.		
4.		
5.		
6.