MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           16 August 2001                   
	DOCKET NUMBER:   AR2001058028

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas F. Baxter		Member	
	Mr. John T. Meixell		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 uncharacterized description of service be changed to honorable.

APPLICANT STATES:  The applicant makes no additional statement.  However, in his application to the Army Discharge Review Board (ADRB) he stated that while in basic training he was determined to have a personality disorder that has since developed into paranoid schizophrenia.  He does not know why he was not given a medical discharge.  He provides no supporting evidence.

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

He enlisted in the Regular Army on 17 March 1993.

Between 3 April and 28 May 1993, the applicant received 19 negative counseling statements.  

On 1 June 1993, during a mental status evaluation, the evaluating psychiatrist diagnosed the applicant with a personality disorder not otherwise specified.

On 3 June 1993, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder.

On 3 June 1993, the applicant was advised by consulting counsel of the basis for the contemplated action.  He elected not to submit a statement in his own behalf. 

On 10 June 1993, the appropriate authority approved the recommendation and directed the applicant be discharged with an entry-level separation. 

On 15 June 1993, the applicant was discharged, with an uncharacterized description of service, in pay grade E-1, under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder.  He had completed 2 months and 29 days of creditable active service with no lost time.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13, sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty when so diagnosed by a physician trained in psychiatry and psychiatric diagnosis.  The regulation further states that unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status.  (For Regular Army soldiers, entry level status is the first 180 days of continuous active duty.)

Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  Paragraph 3-35 states that a personality disorder 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. 

On 3 February 1999, the ADRB denied the applicant’s request for a change in his character of service.  

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 was diagnosed with a personality disorder by competent military medical authority.  By regulation, interference with performance of effective duty in association with this condition will be dealt with through appropriate administrative channels. 

3.  The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.  An uncharacterized discharge is not meant to be a negative reflection of a soldier’s military service.  It merely means that the soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

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

__jh____  __tfb___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058028	
SUFFIX		
RECON		
DATE BOARDED	20010816	
TYPE OF DISCHARGE	UNCHAR	
DATE OF DISCHARGE	19930615	
DISCHARGE AUTHORITY	AR 635-200, para 5-13 	
DISCHARGE REASON	A86.00	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.