MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 August 2001
	DOCKET NUMBER:   AR2001057830

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.  		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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, that the narrative reason for his discharge and the rank listed on his Certificate of Release or Discharge from Active Duty (DD Form214) be changed.

APPLICANT STATES:  In effect, that his service in the Army was free of any disciplinary actions and that his correct rank at the time of his separation from the Army was private (E-2).  He states that his discharge was improper and does not exist in Army Regulations.  He further claims that he was denied legal counsel at the time of his discharge, which was due to his medical condition.

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

The applicant entered the Army on 4 May 1982.  The highest rank he attained while serving on active duty was private (E-1).  He completed 10 months and 
6 days of creditable active service prior to being discharged on 9 March 1983.

He completed basic combat training, advanced individual training, and was subsequently assigned to Fort Carson, Colorado.  His record shows that he was denied a promotion to the rank of on private (E-2) by his unit commander on 
20 October 1982 based on his poor duty performance.

On 20 December 1982, the Chief, Department of Psychiatry, at the medical treatment facility diagnosed the applicant as suffering from a mixed personality disorder with passive dependent and inadequate features.

On 17 February 1983, the applicant was notified by his unit commander that separation action was being initiated against him, under the provisions of chapter 5, Army Regulation 635-200, by reason of personality disorder.  The commander cited the basis for his action was the results of the mental status evaluation and diagnosis rendered by the Chief, Department of Psychiatry.  The applicant acknowledged that he was notified of the separation action and completed a rights option statement in which he waived his right to consult counsel and elected not to submit a rebuttal statement in his own behalf. 

The separation action was approved by the appropriate authority, who directed the applicant receive an honorable discharge, and he was separated accordingly on 9 March 1983.  The authority for his discharge was cited as paragraph 5-13, Army Regulation, 635-200 and the narrative reason for separation was personality disorder.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 of that regulation provides, in pertinent part, for the separation of personnel because of personality disorder.  It also provides that a soldier may be separated for a personality disorder that interferes with assignment to or performance of duty, when so diagnosed by a physician trained in psychiatry or psychiatric diagnosis.

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’s contention that his rank should be corrected to private (E-2) lacks merit.  The evidence of record confirms the highest rank he attained while on active duty was private (E-1) and that he was officially denied a promotion to the rank of private (E-2) by his unit commander on 20 October 1982.  Therefore, the rank of private (E-1) shown on his DD Form 214, dated 9 March 1983, is correct.

2.  The applicant’s contention that he was denied legal counsel during the separation process is also without merit.  The Board notes that he acknowledged that he was notified that a separation action was initiated against him and of the basis for that action.  In addition, he was afforded the opportunity to consult legal counsel at the time but declined to do so.  

3.  Therefore, the Board finds that his administrative separation was accomplished in accordance with applicable regulations with no indication of procedural errors that jeopardized his rights.  Further, the Board concludes that the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

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__  __CJP___  __LDS___  DENY APPLICATION

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

INDEX

CASE ID	AR2001057830	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/30	
TYPE OF DISCHARGE	(HD,)	
DATE OF DISCHARGE	19830309	
DISCHARGE AUTHORITY	AR635-200 	
DISCHARGE REASON	Personality Disorder	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1. 90.07	42.00	
2.		
3.		
4.		
5.		
6.