MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:         

	BOARD DATE:           19 April 2000                   
	DOCKET NUMBER:   AR1999031139

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Van B. Cunningham		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:  In effect, physical disability retirement or separation.  

APPLICANT STATES:  That he received an honorable discharge because of a personality disorder.  He was diagnosed with major depression and hospitalized for that condition.  He should have been medically retired.

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

The applicant enlisted in the Army for three years on 27 August 1997, completed training, and in January 1998 was assigned to Hunter Army Airfield in Georgia as a gas pumper.

A 16 March 1998 certificate of psychiatric evaluation shows that the applicant was hospitalized at the Fort Stewart medical activity for suicidal ideation and an inability to contract for safety.  The examining psychiatrist stated that he had a longstanding history of problems with depressed mood and intermittent thoughts of self harm of several years duration.  He was considered to be a self-harm risk in stressful situations.  His condition was diagnosed as major depression, moderate, in partial remission; dysthymic disorder; alcohol abuse; and avoidant and schizotypal traits.  He met the medical standards for retention in the Army.  There was no psychiatric disease or defect which warranted disposition through medical channels.  The psychiatrist stated that the applicant was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of law.  He had the mental capacity to understand and participate in administrative proceedings.  The psychiatrist stated that it was unlikely that efforts to rehabilitate or develop the applicant into a satisfactory member of the military would be successful.  He recommended that the applicant be administratively separated.  

On 9 April 1998 the applicant was counseled about his condition of major depression, and informed to continue his scheduled counseling sessions.  His commanding officer informed the applicant that he was initiating elimination action on him.

On 4 May 1998 the applicant’s commanding officer initiated action to separate the applicant from the Army under the provisions of Army Regulation 635-200, chapter 5, paragraph 5-18, because of a personality disorder.  He stated that the reason for his action was because the applicant had been diagnosed with major depression.  He stated that he was recommending that the applicant receive an honorable discharge. 

The applicant stated that he had been advised by counsel of the basis for the contemplated action to separate him for personality disorder, its effects, the rights available to him, and the effect of any action taken by him in waiving his rights.  He declined to submit a statement in his own behalf.  He stated that he understood the nature and consequences of a general discharge that he might receive.

The applicant’s commanding officer recommended to the separation authority that the applicant be discharged because of a personality disorder, and that he receive an honorable discharge.  On 8 June 1998 the separation authority approved that recommendation.  The applicant was discharged on 15 June 1998. He had 9 months and 19 days of service.      

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 establishes policy and prescribes procedures for separating members for personality disorder (not amounting to a disability under Army Regulation 635-40), a deeply-ingrained maladaptive pattern of behavior which interferes with the individual's ability to perform.  Prior counseling with a view to correcting deficiencies is mandatory.  A diagnosis by a psychiatrist is required.  Separation under this paragraph may not be used in lieu of disciplinary action solely to spare a soldier who has committed serious acts of misconduct.  An honorable discharge is issued unless a entry level separation is required.  

Army Regulation 635-40, paragraph 3-2b states in pertinent part that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.

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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

2.  The applicant did not have a physical disability that was incurred or aggravated during his military service.  He is not entitled to physical disability separation or retirement. 

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

4.  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.

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

___eja___  ___vbc__  __jph____  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031139	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000419	
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.  177	108.00	
2.		
3.		
4.		
5.		
6.