PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            27 June 2002                  
	DOCKET NUMBER:   AR2002070155

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, a medical discharge.  He also requests correction to his social security number on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant states that he was diagnosed in 1994 with bipolar disorder after his discharge and his social security number is printed wrong on his DD Form 214.  He also states that he is currently disabled and unable to work and his bipolar disorder brings on rapid mood changes and the inability to deal with and get along with other people.  He submits a statement and copy of his social security card in support of his request. 

4.  The applicant’s military records show that he enlisted in the Regular Army, as a private, pay grade E-1 on 13 November 1990.

5.  He completed his advanced training and was assigned military occupational specialty 24C10 (Hawk Firing Section Mechanic).  He was advanced to pay grade E-2 on 13 May 1991.

6.  On 30 July 1991, he received a mental status evaluation by a psychiatrist, which indicated that the applicant’s ability to perform in a military environment was significantly impaired.  The evaluation recommended that he be separated from the service for the convenience of the government.

7.  He received counseling concerning his ability to perform his duties and perform in a military environment.

8.  On 12 August 1991, his commander counseled him regarding initiating action to separate the applicant from the service under the provisions of Army Regulation 635-200, paragraph 5-13.  The applicant was also counseled that this type of discharge allows for a member who may be separated for a personality disorder, not amounting to disability in accordance with Army Regulation 635-40.

9.  On 20 August 1991, the applicant elected not to undergo a separation examination.

10.  On 4 September 1991, his commander initiated action to separate the applicant from the service for a personality disorder.  His commander recommended he be separated under the provisions of Army Regulation 635-200, paragraph 5-13, chapter 5 and that the applicant receive an honorable discharge.

11.  On the same day, the applicant acknowledged receipt of the proposed separation action.  He waived his right to counsel and elected not to submit statements in his own behalf.

12.  On 9 September 1991, the appropriate authority approved his discharge and directed that an Honorable Discharge Certificate be issued.

13.  He was separated on 20 September 1991, in pay grade E-2, under the provisions of Army Regulation 635-200, paragraph 5-13, personality disorder and issued an Honorable Discharge Certificate.  He was credited with 10 months and 8 days net active service.

14.  His official military records show his correct social security number.

15.  The fourth and fifth digits were erroneously entered on his DD Form 214.

16.  Army Regulation 635-40, paragraph 3-1, provides that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade or rating.

17.  Army Regulation 635-200, paragraph 5-13, 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, a deeply-ingrained maladaptive pattern of behavior (but not amounting to a disability under Army Regulation 635-40) which interferes with the individual's ability to perform.  Prior counseling with a view to correcting deficiencies and diagnosis by a psychiatrist are mandatory.  An honorable or general discharge is issued as is determined to be appropriate by the separation authority based upon the individual’s overall record. 

CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to a medical discharge.  He has not shown error, injustice, or inequity for the relief he now requests.  

2.  The Board notes his contentions that he was diagnosed with bipolar disorder after his discharge and has been unable to work.  However, during his service, he underwent a mental evaluation status, which rendered his ability to perform in a military environment significantly impaired based upon a personality disorder, and medical discharge processing was not warranted. 

3.  While the Board is empathetic, the applicant's medical problems after his period of service and his belief that he should have been medically discharged, are not sufficiently mitigating to warrant a change to his discharge.

4.  The applicant is entitled to correction to his social security number on his DD Form 214, the fourth and fifth digits were erroneously entered as 49.  Documen-tation submitted with the application shows the fourth and fifth digits of the social security number should be 94.

5.  Therefore, it is concluded that the fourth and fifth digits the social security number should be corrected to show 94 on the applicant’s DD Form 214.

6.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing on the DD Form 214 of the individual concerned the fourth and fifth digits of the social security number as 94.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_kan____  _inw____  __rtd___    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002071055	
SUFFIX		
RECON		
DATE BOARDED	20020627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	A70	
2.	100.09	
3.		
4.		
5.		
6.