MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 October 2003                  
	DOCKET NUMBER:   AR2003086957

	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. Eric S. Moore		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. Lester Echols 		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:  Reconsideration of an earlier appeal that his narrative reason for his discharge be changed.
 
APPLICANT STATES:  In effect, that he does not have a personality disorder but is suffering from depression.  He states that he was a very hard worker during his service on active duty and that this discharge is an injustice to his progress in life as a human being.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 13 February 2003 (AR2002081984).

The applicant submits a letter, dated 3 February 2003, from a psychologist at the Queens Hospital Center, New York.  In the letter, the psychologist indicated that he was aware of the fact the applicant had been separated from the military for a personality disorder, but due to his current behavior and in reconstructing of the past he felt the applicant was suffering from Depressive Reaction or Disorder and not a personality disorder. 

The applicant submits a Certification of Completion from the Personal Touch Home Care dated 23 August 2002.  The certification certifies that he successfully completed a training program approved by the New York State Department of Health and is qualified for employment as a Home Health Aide.

The applicant’s submissions are new evidence which will be considered by the Board.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides that a soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, which interferes with assignment to or performance of duty.  It requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the soldier’s ability to perform duty.  The regulation further specifies that commanders will not take action prescribed in this chapter in lieu of disciplinary action.  It requires that the diagnosis conclude the disorder is so severe that the soldier’s ability to function in the military environment is significantly impaired.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the DOD components.

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 Board considered the applicant’s contentions, the 3 February 2003 statement by the psychologist, and the Certification of Completion from the Personal Touch Home Care dated 23 August 2002 as new evidence.  The Board also reviewed all the evidence and records considered by the ABCMR panel which convened on 13 February 2003.  

3.  The Board notes that the 3 February 2003 statement by the psychologist indicated the applicant does not suffer from a personality disorder.  However, in the absence of evidence to the contrary the Board presumes the applicant was diagnosed with a personality disorder by appropriate, competent medical authorities and this resulted in his being processed for separation for personality disorder.  Further, the Board is satisfied that all requirements of law and regulation were met and that the applicant’s rights were fully protected throughout the separation process.  

4.  The overall merits of the case, including the latest submission and arguments, are insufficient as a basis for the Board to reverse its previous decision. 

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

KAN____  LE______  JTM_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003086957	
SUFFIX		
RECON		
DATE BOARDED	20031002	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	20011221	
DISCHARGE AUTHORITY	AR  635-200, Chapter 5-13	
DISCHARGE REASON	Personality Disorder	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	110. 0200	
2.		
3.		
4.		
5.		
6.