IN THE CASE OF: BOARD DATE: 19 NOVEMBER 2015 DOCKET NUMBER: AR20150003646 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the entry in item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 19 November 1981 be changed from "Unsuitable – Personality Disorders." 2. The applicant states that: a. During the time leading to his discharge his wife had severe complications related to her pregnancy and delivery, resulting in a prolonged hospitalization, brain surgery and subsequent problems, leaving her totally disabled. b. Since they had no family members to assist him in the care of a new born son, he requested to be compassionately released and his commander refused his request. c. His performance as a noncommissioned officer was affected by his wife's condition which subsequently resulted in his discharge. d. Until that time, he had a good military record and feels the commander was not sympathetic to his situation. 3. The applicant provides copies of medical statements from two military doctors from the Medical Department Activity, Fort Polk, Louisiana. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 24 November 1976. He reenlisted on 1 June 1979. He held military occupational specialty 72E (Telecommunications Center Operator). 3. He served in Korea from 20 June 1977 through 15 July 1978 and was promoted to sergeant/E-5 effective 8 July 1980. He was awarded or authorized the Army Service Ribbon, Overseas Service Ribbon and the Expert Marksmanship Qualification Badge with Rifle Bar. 4. He received nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice on 24 August 1981 for willfully disobeying a lawful order from his superior commissioned officer. 5. On 13 October 1981, the applicant's immediate commander notified the applicant of his intent to initiate the applicant's separation action in accordance with Army Regulation (AR) 635-200 (Personnel Separations), chapter 13, for unsuitability due to personality disorders. 6. On 15 October 1981, the applicant acknowledged receipt of the commander's intent to separate him and he consulted with legal counsel. He was advised of the basis for the contemplated separation for unsuitability, the type of discharge he could receive and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to him. He declined to make a statement in his own behalf and further acknowledged he understood: * he might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him * he could apply to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade; however, an act of consideration does not mean his discharge would be upgraded 7. Subsequent to this acknowledgement, the applicant's immediate commander initiated separation action against him. The commander stated the applicant had been apathetic towards his job performance due to his family and financial problems. 8. A 27 October 1981 Report of Mental Status Evaluation, prepared by the division psychiatrist shows: a. The applicant was diagnosed with adjustment disorder with anxiety manifested by insomnia sleep disturbance, fluctuating appetite, restlessness and anxiety about his wife's impending death, and mixed personality disorder, hysteriod/dysphopic and immature features identified. b. The psychiatrist indicated the applicant was under extreme hardship due to his wife's fatal illness and short life expectancy. He was anxious to join her and had requested compassionate reassignment, but it had not been approved to date. He further indicated it was in the best interest of the applicant to be administratively separated under the provisions of AR 635-200, chapter 13, under honorable conditions. 9. On 28 October 1981, the separation authority approved the applicant's discharge and directed the applicant be furnished an Honorable Discharge Certificate. 10. On 19 November 1981, the applicant was discharged accordingly. He had completed a total of 5 years and 26 days of creditable active service. His DD Form 214 shows in: * Item 26 (Separation Code) the entry "JMB" * Item 28 the entry "Unsuitable – Personality disorders" 11. In support of his request, the applicant provides: a. An undated Medical Department Activity, Fort Polk, LA, memorandum, Subject: Mrs. Martha R______'s Medical Condition, signed by Major (MAJ) Michael S. P_______, OB/GYN Clinic. MAJ P_______ states the applicant's wife has severe complications related to her recent pregnancy and delivery, resulting in prolonged hospitalization, brain surgery, and severe subsequent problems with vision and coordination, which, at best, will be a long time in resolution, but possibly permanent. It was recommended that the applicant be compassionately released from the Army to help in her care and recovery. b. An undated medical statement from Captain (CPT) Edwin M_______-R___, Internal Medicine Service, Fort Polk, LA. CPT M_______-R___ stated that the applicant's wife recently had an eclamptic trauma (seizures) during her last delivery which was complicated with intracerebral hematoma (bleeding in the brain). She had been airlifted to Brooke Army Medical Center where she had two surgical interventions. Thereafter she had been having physical and mental difficulties and required close observation and help by her husband. The applicant's performance would be affected by the medical condition of his wife. 12. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13, in effect at the time, provided for separation for various reasons including apathy. This chapter required that separation action would be taken when, in the commander's judgment, the individual would not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier. Service of Soldiers separated because of unsuitability under this chapter was characterized as honorable or under honorable conditions. 13. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code of "JMB" is the correct code to be assigned to Soldiers separating under AR 635-200, chapter 13, by reason of personality disorder. DISCUSSION AND CONCLUSIONS: 1. The applicant requested the narrative reason for his discharge be changed; however, he did not indicate what the change should be. 2. The undated letters about his wife's medical condition are noted as is the psychiatrist's notation about compassionate reassignment; however, there is no evidence of record that this or similar action was actually initiated. 3. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. The type of discharge directed and the reasons were therefore appropriate considering all of the facts of the case. 4. The narrative reason for separation was assigned based on the fact that he was discharged under the provisions of chapter 13 of Army Regulation 635-200 due to unsuitability because of personality disorder. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x_____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined/noted during their deliberations that the original basis for initiation of separation action under the provisions of AR 635-200, chapter 13, was apathy. It was not until afterwards as part of the separation process that a mental health evaluation was completed that addressed a personality disorder. In fact, it appears that the original separation action, dated 13 October 1981, reflects an “x” in the apathy block of item 1a which appears to have been replaced at a later date with an “x” in the personality disorder block. Presumably, this was done following the mental health evaluation. Since it appears the intent and basis for initiation of the separation action was apathy it seems appropriate to change the DD Form 214 to reflect so. 2. The Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show in: * item 25 (Separation Authority), Para 13-4c, AR 635-200 * item 26 “JMJ” * item 28 Unsuitability – apathy, defective attitude or inability to expend effort constructively _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20130002674 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003646 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1