MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 June 2000                   
	DOCKET NUMBER:   AR1999030802

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Melvin H. Meyer		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 the narrative reason for discharge on his        DD Form 214, Certificate of Release or Discharge from Active Duty, be changed to show he separated due to expiration term of service or early out.

APPLICANT STATES:  That he was forced to accept a discharge for personality disorder.  He had been arrested for being drunk and disorderly late one night after being locked out of his quarters.  He was not drunk and disorderly.  When his commander tried to give him an Article 15, he demanded trial by              court-martial.  His command knew he would win at a trial.  They kept persecuting him and pressuring him to get out of the military.  He was told they would get him out on a personality disorder.  He went to the hospital and the doctor wrote a whole list of things wrong with him because it would help him get out.  He is unable to obtain a meaningful job because employers think he is mentally ill.

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

After having had prior service in the U. S. Marine Corps, he enlisted in the Regular Army on 22 November 1989.  He was honorably discharged and immediately reenlisted on 30 March 1992 and again on 9 August 1995.

Apparently sometime in 1995 the applicant was arrested by military police on charges of being drunk and disorderly.  Apparently he was offered nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, but demanded trial by court-martial instead.

The applicant apparently was hospitalized for psychiatric observation/evaluation. On 12 December 1995 a mental status evaluation diagnosed him as having a severe mixed personality disorder consisting of largely antisocial and borderline traits.  His antisocial behavior included chronic deceitfulness, violent aggressiveness towards his wife, and a general lack of regard and capacity for empathy towards others.  His borderline traits included extremely poor self image, recurrent suicidal ideation and suicidal threats.  

On 13 December 1995, the applicant formally asked that his court-martial charge be dismissed or withdrawn.  He was willing to waive an administrative board and be separated under Army Regulation 635-200, paragraph 5-13 instead.

On 21 December 1995, the applicant’s commander initiated separation action under the provisions of Army Regulation 635-200, chapter 5-13, personality disorder.  On this date the applicant consulted with counsel and acknowledged notification of the action.  He waived consideration of his case by an administrative board, waived personal appearance before such a board and waived consulting counsel.  He elected not to submit a statement in his own behalf. 

In January 1996, the applicant requested separation pay and agreed to serve in the U. S. Army Ready Reserve for a period of not less than 3 years.  His commander recommended approval of his request.

The appropriate authority approved the recommendation for discharge and directed the applicant be discharged with an Honorable Discharge Certificate and not be transferred to the Individual Ready Reserve. 

On 7 February 1996, the applicant was discharged with an honorable characterization of service, in pay grade E-5 with half separation pay, under the provisions of Army Regulation 635-200, chapter 5-13, personality disorder.  He had completed 6 years, 3 months and 22 days of creditable active service with no lost time. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, paragraph 5-13, sets the policy and prescribes procedures for separating members with a personality disorder (not amounting to a disability) that interferes with assignment to or performance of duty when so diagnosed by a physician trained in psychiatry and psychiatric diagnosis.  Paragraph 1-36 sets the policy for transfer of potential mobilization assets to the Individual Ready Reserve (IRR).  Soldiers separated under certain provisions of the regulation, such as those for misconduct or homosexuality, will be discharged and not transferred to the IRR.  Soldiers separated under other provisions of the regulation, such as those for hardship, pregnancy, reduction in authorized strength and several others, will be transferred to the IRR.  Soldiers separated under paragraph 5-13 will not be transferred to the IRR only if they clearly have no potential for useful service under conditions of full mobilization.

On 30 March 2000, the Army Discharge Review Board denied the applicant’s request for a change in the narrative reason for his separation.

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 applicant was diagnosed as having a personality disorder after being observed and evaluated in an in-patient status by the psychiatrist making the recommendation.  He provides no evidence to show that the psychiatrist falsified his evaluation by writing “a whole list of things wrong with him” only “because it would help him get out” and not because the diagnosis was based on his professional opinion.

3.  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

__jhl___  __jns___  __mhm___  DENY APPLICATION

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

INDEX

CASE ID	AR1999030802	
SUFFIX		
RECON		
DATE BOARDED	20000629	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.