MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 August 2001
	DOCKET NUMBER:   AR2001058490

	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. P. A. Castle		Analyst	

The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed from “Personality Disorder” to “For the Convenience of the Government.”

APPLICANT STATES:  In effect, he does not have the stress he had at the time of discharge and the reason “personality disorder” is preventing him from entering the Air Force Reserve.

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

He was discharged as a specialist four/E4 from the United States Air Force in July 1991 after 4 years of active duty.  He enlisted in the Army on 10 March 1994 and upon completion of basic and advanced training was assigned to Korea in September 1994.

On 17 October 1994 the applicant was taken to the emergency room from the Noncommissioned Officer Club (NCO) because he threatened to hurt himself or commit suicide.

On 19 October 1994, the applicant was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct and a personality disorder, not otherwise specified with dependent and borderline traits.

An undated medical examination found him to be qualified for separation with a physical profile of 1.1.1.1.1.2.  At a mental status evaluation the applicant's behavior was normal.  He was fully alert and oriented and displayed an anxious mood.  His thinking was clear, his thought content normal and his memory good.
There was no significant mental illness.  The applicant was mentally responsible.
He was able to distinguish right from wrong and to adhere to the right.

On 5 December 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, with an honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge.  On 19 December 1994, the separation authority directed that the applicant be discharged with a characterization of service of honorable.

On 5 January 1995, the applicant was discharged with 9 months and 26 days creditable Army service and 4 years prior Air Force Service.

Army Regulation 40-501 provides medical fitness standards for retention and separation, including retirement.  Chapter 3 provides the various medical conditions and physical defects that render individuals unfit for further service.  Personality disorders may render individuals administratively unfit rather than unfit due to physical disability.  Interference with effective performance of duty in association with these conditions is to be dealt with through appropriate administrative channels.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 establishes policy and prescribes procedures for separating members for personality disorder (not amounting to a disability under Army Regulation 635-40), a deeply-ingrained maladaptive pattern of behavior which interferes with the individual's ability to perform.  Prior counseling with a view to correcting deficiencies is mandatory.  A diagnosis by a psychiatrist is required.  Separation under this paragraph may not be used in lieu of disciplinary action solely to spare a soldier who has committed serious acts of misconduct.  An honorable discharge is issued unless an entry level separation is required.

On 15 June 2001 the Army Discharge Review Board (ADRB) in a unanimous decision denied the applicant’s request for the change of reason and authority 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 applicant’s administrative separation on 5 January 1995 was accomplished in accordance with regulations then in effect with no indication of procedural errors, which would tend to jeopardize his rights.

2.  There is no evidence of record, nor has the applicant provided any evidence to support removing “personality disorder” from the reason for his administrative discharge.

3.  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.

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

__jev ___  ___wb  __  ___be___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058490	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/21	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1995/01/05	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  191	110.0200/chng reason	
3.		
4.		
5.		
6.