MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 June 2002
	DOCKET NUMBER:   AR2002067881

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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 the narrative reason for his separation be changed to “Convenience of the Government.”

APPLICANT STATES:  That there was no psychiatric diagnosis and he was psychologically cleared for enlistment.  They did identify a speech defect but he was granted a waiver.  He provides his Certificate of Release or Discharge from Active Duty, DD Form 214, and portions of his service medical records as supporting evidence.

COUNSEL CONTENDS:  That the available medical records confirm the applicant did not have a personality disorder.

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

He completed an enlistment physical examination on 6 December 1985.  He was found to be not qualified for enlistment due to a speech defect and was referred for a further evaluation.  A psychiatric examination revealed no perceptual distortions nor any evidence of a thought disorder.  He appeared emotionally stable and functioned intellectually on an average level.  His speech was indistinct with the consonants becoming blurred yet he made himself understood. His judgment was good; his interpersonal relationships poor.  No psychiatric diagnosis was found.  It was noted that his speech problem would continue in the Service and he would be useful where there would be no emphasis on communication.  He was granted a waiver to enlist and he enlisted in the Regular Army on 27 February 1986.

On 25 March 1986, the applicant was counseled on his remark “go to hell, drill sergeant.”  He started to cry and stated, “I don’t know” when asked if he had any problems.

On 26 March 1986, the applicant was briefed on platoon and company standards.  When asked if he had any problems, he started crying, saying he had a 2-year old deformed nephew who was down with a bad cold.

On 27 March 1986, the applicant was counseled on his poor behavior, lack of motivation, and lack of comprehension.  He was counseled four times in three days.  At the end of his fourth counseling session, he stared into space and cried, saying, “I don’t know, I don’t know.”

On 4 April 1986, the applicant was counseled about being disrespectful to a noncommissioned officer.

On 7 April 1986, the applicant was rehabilitatively transferred to another platoon.
On 11 April 1986 he was counseled on receiving two deficiencies on barracks inspection; on 18 April 1986 for displaying a negative attitude towards cleaning his weapon; and on 19 April 1986 for showing disrespect to a drill sergeant.

On 8 April 1986, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for treating his superior noncommissioned officer with contempt by saying in a loud voice “shut up” and “I can’t take anymore Drill Sergeant bullshit” and breaking out of physical training formation.

On 29 April 1986, the applicant was examined at the Community Mental Health Service, Fort Knox, KY.  He was diagnosed as having a Mixed Personality Disorder.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.  He was psychiatrically cleared for any administrative action deemed appropriate by his command.  It was strongly recommended consideration be given to separating him under the provisions of Army Regulation 635-200, chapter 5-13.  The Chief of the Community Mental Health Service signed off on the evaluation.  He received a mental status evaluation on 5 May 1986 with the same findings and recommendation.  The Chief of the Community Mental Health Service signed off on the evaluation.

On 7 May 1986, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 5-13, Personality Disorder.

The applicant was advised by consulting counsel of the basis for the contemplated separation action.  He elected not to submit a statement in his own behalf. 

On 13 May 1986, the appropriate authority approved the recommendation and directed the applicant be discharged with an entry-level separation. 

On 14 May 1986, the applicant was discharged, with an uncharacterized description of service, in pay grade E-1, under the provisions of Army Regulation 635-200, chapter 5-13, Personality Disorder.  He had completed 2 months and 16 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.   

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 provided as supporting evidence medical records pertaining to his enlistment physical.  The evidence of record shows that shortly after he enlisted he was diagnosed with a personality disorder by the Fort Knox, KY Community Mental Health Service.

3.  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

__KAK__  __MHM__  __ALR__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067881	
SUFFIX		
RECON		
DATE BOARDED	2002/06/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	1986/05/16	
DISCHARGE AUTHORITY	AR 635-200, ch 5-13	
DISCHARGE REASON	A42.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.