MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 July 2000       
	DOCKET NUMBER:   AR1999029874

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. John P. Infante		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 his reason for separation and separation code be changed to reflect either a “simple discharge” or a medical discharge.

APPLICANT STATES:  That his current reason and code [personality disorder] is incorrect.  He states that he “sustained an injury that has left [him] 100% disabled” and that he was “denied proper care and rushed home” from the military.  He also states that he doesn’t need “people thinking [he is] a troubled person….”  In support of his request he submits two statements from physicians and several statements from family and friends attesting to his standing in the community.

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

He entered active duty on 15 July 1986.  

On 26 September 1986 a psychiatrist concluded that the applicant “has a condition that is a lifelong and deeply ingrained maladaptive patter of behavior.”  His diagnosis was “schizoid personality disorder” and the evaluating psychiatrist recommended the applicant be administratively separated under the provisions of Army Regulation 635-200, Chapter 5.

The applicant had been counseled on several occasions, according to a statement by his drill sergeant, regarding his constant complaint of pain, repeated visits to “sick call” and the requirement to have an ambulance respond to the company on “numerous occasions.”  The drill sergeant noted that in each instance medical personnel were unable to find anything medically wrong with the applicant.

On 30 September 1986 his commander notified the applicant that he was initiating action to administratively separate the applicant.  The applicant was informed that the specific reason for the proposed separation was his personality disorder.  The applicant acknowledged the proposed separation and waived his attendant rights.

The recommendation was approved and on 2 October 1986 the applicant was discharged under the provisions of Army Regulation 635-200, paragraph 5-13.  Block 26 (separation code) on his separation report reflects “JFX” and block 28 (narrative reason for separation) reflects “Personality disorder.”

The two physician statements, provided by the applicant in support of his request, are both dated in 1998.  One statement notes that based on a one hour meeting the author felt the applicant did “not suffer from a mental illness, and he is not a danger to himself and others, at this point of his life.”  The second physician noted that the applicant “did have a problem of anxiety and depression and difficulty to adjust to life because of many rejections he has suffered during his younger years.”

Army Regulation 635-200, paragraph 5-13 established the policies and provisions for the administrative separation of personnel with a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with the soldier’s ability to perform duty.  A physician trained in psychiatry and psychiatric diagnosis must have established the diagnosis of personality disorder.  The service of a solider separated under this paragraph will be characterized as honorable unless an entry-level separation is required. 

Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that block 28 will contain the narrative reason for separation, as shown in Army Regulation 635-5-1 based on the regulatory authority.  

Army Regulation 635-5-1 prescribes the specific authorities (regulatory, statutory, or other directives), the reasons for the separation of members from active military service, and the separation program designators to be used for these stated reasons.  It indicates that “personality disorder” is the appropriate narrative reason for discharge when the authority is "AR 635-200, paragraph 5-13."  

Army Regulation 635-5-1 also states that SPD (Separation Program Designator) codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use by the Department of Defense and the military services to assist in the collection and analysis of separation data.  This analysis may, in turn, influence changes in separation policy.  SPD codes are not intended to stigmatize an individual in any manner.  SPD Code JFX applies to individuals who are separated by reason of a personality disorder.

Army Regulation 40-501 states that personality disorders may render an individual administratively unfit rather than unfit because of physical disability.  Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels.  It also states that transient, situational maladjustment due to acute or special stress do not render an individual unfit because of physical disability, but rather may be the basis for administrative separation if recurrent and causing interference with military duty.

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.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  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 the aforementioned requirement.

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.

4.  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

__cmf__  ___emw__  ___jpi__  DENY APPLICATION

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

INDEX

CASE ID	AR1999029874	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.