IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150015839 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150015839 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f of his DD Form 214 the entry "0000–00–00" and adding the entry "0001–01–00" * adding to item 18 of this form the entry, "Service in Kuwait/Iraq: 20040601-20050630" * adding to item 13 of this form the: * Iraq Campaign Medal with two bronze service stars * Overseas Service Ribbon 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a change of his narrative reason for separation and any additional awards. ___________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. IN THE CASE OF: BOARD DATE: 21 March 2017 DOCKET NUMBER: AR20150015839 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: * correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards, including unit awards, for his deployment to Kuwait * a change of his narrative reason for separation from "personality disorder" to disability (post-traumatic stress disorder (PTSD)) 2. The applicant states he recently noticed the error in the awards listed on his DD Form 214. In effect, he states the narrative reason for his discharge should be changed based on his diagnosis of PTSD from the Department of Veterans Affairs (VA). 3. The applicant provides the following: * DD Form 214 * Eligibility Report * statement from his former command sergeant major * letter from a VA Licensed Clinical Psychologist 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 13 November 2003, for a 3-year period. He held military occupational specialty 13B (Cannon Crewmember). 3. He received counseling on/for: * 16 April 2005 – leaving his weapon unattended in the dining facility * 9 September 2005 – assaulting a Soldier on 9 September 2005 and possible administrative separation action 4. On 20 September 2005, he accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, for assaulting a Soldier on 9 September 2005. 5. He received counseling on/for: * 5 October 2005 – a domestic dispute at his residence * 14 December 2005 – being disrespectful to a noncommissioned officer, disobeying a lawful order, recommendation for an NJP, and possible administrative separation action 6. On 9 January 2006, a flagging action was initiated against the applicant for his elimination from the service. 7. On 30 January 2006, he received counseling for a diagnosis of a personality disorder, his right to a second opinion, and the division psychiatrist's recommendation to separate him from the service. 8. On 31 January 2006, he underwent a mental status evaluation based on the request of his commander. The examining psychiatrist diagnosed the applicant with an adjustment disorder with mixed anxiety and depressed mood (combat-related); continuous alcohol abuse; and a personality disorder, not otherwise specified (NOS) (primary, pre-existing). The examining psychiatrist stated: a. The applicant was screened for PTSD and the applicant had reported several symptoms, including irritability and feeling "on edge," hypervigilant, and excessive alcohol use "to forget things," which was a form of avoidance. The applicant did not meet the full Diagnostic and Statistical Manual of Mental Disorders – Fifth Edition (DSM-IV) diagnosis for PTSD. Validity scales on the psychological testing indicated the applicant could have magnified or exaggerated the severity of his symptoms; therefore, the data was interpreted with caution. His personality profile was consistent with individuals with severe pathology. b. The applicant was experiencing high levels of emotional distress, isolation, resentment, and anger; however, he did not know how to appropriately express his anger, or how to control it. He has a propensity for substance abuse. The applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative proceedings. He recommended the applicant's administrative separation for a personality disorder, NOS. 9. On 9 February 2006, the applicant’s company commander notified the applicant of his intent to initiate action against the applicant to separate him under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13. He stated the reason for the recommended action was the applicant's diagnosis of a personality disorder, NOS. He advised the applicant of his rights. 10. On 9 February 2006, the applicant waived his right to counsel and acknowledged receipt of the proposed separation and its effect. He elected not to submit a statement in his own behalf. 11. On 23 February 2006, the applicant's company commander recommended the applicant's discharge with an honorable discharge. 12. On 24 February 2006, the separation authority approved the applicant’s discharge for a personality disorder and directed the issuance of an honorable discharge. 13. The applicant was discharged accordingly on 10 March 2006. His DD Form 214 shows he was credited with completing 2 years, 3 months, and 28 days of net active service. This form lists in: * Item 12 (Foreign Service) – zero credit * Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Item 18 (Remarks) – no entry for service in Kuwait * Item 26 (Separation Code) – JFX * Item 28 (Narrative Reason for Separation) – Personality Disorder 14. He provided the following: a. An Eligibility Report, dated 18 May 2010, showing he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Kuwait from 1 June 2004 to 30 June 2005, a period of 1 year and 1 month. Review of his records shows that during this period he was assigned to A Battery, 2nd Battalion, 15th Field Artillery Regiment. b. A statement from his former command sergeant major, dated 26 October 2012, wherein the individual stated he served with the applicant during their deployment in Iraq from May 2004 to June 2005. The applicant served honorably as an infantry Soldier during their deployment to Iraq. c. A letter, signed on 13 November 2012, wherein a VA Licensed Clinical Psychologist stated the applicant had been diagnosed as suffering from PTSD for which he was receiving treatment. 15. On 17 March 2017, an Army Review Boards Agency psychologist reviewed the applicant's medical and service records and provided an advisory opinion. The psychologist did not find evidence in the medical records indicating the applicant had a medical condition during his service that would have been a basis for referring him to the Disability Evaluation System. The psychologist found no evidence of a mental health consideration existing prior to discharge that would justify changing the reason for the applicant's discharge. REFERENCES: 1. AR 600-8-22 (Military Awards) states: a. The Iraq Campaign Medal is authorized for service in direct support of OIF from on or after 19 March 2003 through 31 December 2011 by the Secretary of Defense. A bronze service star is authorized for wear with this medal for participation in each credited campaign. The applicant's campaign participation included: * Transition of Iraq - 2 May 2003 through 28 June 2004 * Iraqi Governance – 29 June 2004 through 15 December 2005 b. The Overseas Service Ribbon is awarded for completion of overseas tours. Qualifying tours include service in Iraq for a period of 9 consecutive months. 2. A review of unit awards records maintained by the U.S. Army Human Resources command failed to reveal any unit awards for A Battery, 2nd Battalion, 15th Field Artillery Regiment, for periods coinciding with the applicant's service. 3. AR 635-200, in effect at the time, set forth the basic authority for separation of enlisted personnel. Paragraph 5-13 of the regulation stated a Soldier could be separated for personality disorders that interfered with assignment to or performance of duty. The diagnosis of a personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis. Separation because of a personality disorder was authorized only if the diagnosis concluded that the disorder was so severe that the Soldier's ability to function effectively in the military environment was significantly impaired. 4. AR 635-1 (Separation Program Designator (SPD) Code), in effect at the time, prescribed the specific authorities (regulatory, statutory, or other directives), and reasons for separation of members from active duty, and the SPD codes to entered on the DD Form 214. The regulation stated the SPD code of JFK, as shown on his DD Form 214, was the appropriate code to assign to Soldiers separated under the provisions of AR 635-200, paragraph 5-13, by reason of personality disorders. 5. PTSD, an anxiety disorder, was recognized as a psychiatric disorder in 1980 with the publishing of the DSM. The condition is described in the current DSM-IV, pages 424 through 429. The Army used established standards and procedures for determining fitness for entrance and retention and utilized those procedures and standards in evaluating the applicant at the time of his discharge. 6. AR 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty. The regulation stated: * Item 12f – would list credit for all foreign service completed during the period covered by the DD Form 214 * Item 13 – would list all decorations awarded or authorized * Item 18 – for active duty Soldiers deployed with their units would list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD –YYYYMMDD)." * Item 26 – would list the proper SPD representing the reason for separation * Item 28 – would list the reason for separation based on the regulatory or statutory authority 7. Department of the Army Personnel Policy Guidance for Overseas Contingency Operations contains personnel policy guidance for members mobilized/deployed for overseas contingency operations. Paragraph 13-6 contains guidance on awards, decorations and tour credit. Subparagraph d contains guidance on the Overseas Service Ribbon (OSR) and states it may be awarded to members credited with normal tour completion. Subparagraph e contains guidance on tour credit and states Soldiers deployed to isolated areas for which tour credit has not been established (Kuwait/Iraq) may be given normal tour completion credit if they complete 9 months in a continuous temporary duty status. DISCUSSION: 1. With respect to correction of the applicant's DD Form 214 to show all awards for his deployment to Kuwait: a. He completed a qualifying period of service for award of the Iraq Campaign Medal with two bronze service stars. His DD Form 214 does not list this award. b. He is eligible for the Overseas Service Ribbon for his tour of duty in Iraq, which is not shown on his DD Form 214. c. Evidence confirms during his period of active duty he served in Kuwait/Iraq from 1 June 2004 to 30 June 2005, a period of 1 year and 1 month. Items 12f and 18 of his DD Form 214 do not show this service. d. There is no evidence of awards conferred upon the applicant's unit for periods coinciding with his service in the unit. 2. With respect to a change of his narrative reason for separation from personality disorder to PTSD or general: a. The applicant was diagnosed with a personality disorder, NOS. An administrative separation was recommended. As such, the applicant's company commander initiated action to separate the applicant, under the provisions of AR 635-200, paragraph 5-13, for a personality disorder. He waived his right to counsel and acknowledged the proposed separation and its effect. The separation authority approved his discharge and he was discharged accordingly. b. His administrative separation under the provisions of AR 635-200, paragraph 5-13, was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. c. The veracity of the applicant's claim that he is now suffering from PTSD is not in question. PTSD was recognized as a psychiatric disorder in 1980. The applicant was diagnosed with a personality disorder in 2006. The evidence shows that, prior to discharge, the applicant was not exhibiting symptoms that would have supported a PTSD diagnosis. The fact that he was diagnosed with PTSD after he was discharged is not evidence of an error. d. The advising psychologist reviewed the medical and service records and found no evidence of a mental health consideration existing prior to discharge that would justify changing the reason for the applicant's discharge. e. The evidence shows the applicant was found to have a personality disorder that warranted discharging him under the provisions of AR 635-200, chapter 5-13. The only narrative reason associated with this type of discharge is "personality disorder," which is correctly shown in item 28 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015839 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015839 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2