MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:    
	DOCKET NUMBER:   AR1999018980

	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. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Ms.		Member	
	Mr. 		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, that the following items on his DD Form 
214 (Certificate of Release or Discharge from Active Duty) be corrected; as follows:  Item 11 (Primary Military Occupational Specialty (MOS)); Item 
13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized); Item 14 (Military Education); Item 18 (Remarks); Item 
25 (Separation Authority); and Item 28 (Narrative Reason for Separation). 

APPLICANT STATES:  His DD Form 214 should be corrected by deleting from Item 11, MOS 13B20 (Cannon Crewmember) and adding MOS 11B2V (Scout Squad Leader).  He believes that he is entitled to award of the Silver Star with two V devices, the Bronze Star Medal, the Purple Heart, the Combat Infantryman Badge with two devices, the Ranger Tab, the Marine Force Reconnaissance Badge, the "Israeli SOF Badge" and the Master Parachutist Badge.  Correct Item 18 by deleting mechanic from the Driver and Mechanic Badge entry; correct Item 25 by deleting Army Regulation 635-200, it is an improper separation authority; and correct Item 28 by deleting Personality Disorder, the narrative reason for separation is improper.  Psychiatric personnel were given inadequate information.  The applicant provided a brief description of his complaint, a copy of his DD Form 214, a memorandum dated 2 January 1991, from his servicing personnel unit in Germany, and a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period November 1994 through October
1995 in support of his request.

EVIDENCE OF RECORD:  The applicant's military personnel record show:

On 5 July 1988, the applicant enlisted in the Delayed Entry Program (DEP) of the US Army Reserve (USAR) at age 17 with a declaration of parental consent signed by both of his parents.  On 5 July 1989, after graduating from high school, he enlisted in the Regular Army for 4 years and training in MOS 13B.  He successfully completed his first enlistment and was honorably discharged on 
11 March 1993.  On 12 March 1993, he reenlisted for 4 years and duty in MOS 13B.  His DA Form 2-1 (Personnel Qualification Record) Section VII shows that he served in duty MOS 11B2V (Scout Squad Leader) from 4 December 
1993 through 21 December 1994, but it was not added to his record as an authorized primary or secondary MOS.  

On 4 January 1996, the applicant's commander received a memorandum from the servicing personnel unit in Germany that stated substantial misinformation was contained in the applicant's military personnel record.  His record contained the erroneous award of the Ranger Tab, for the period 1 May - 20 July 1988.  This was prior to his DEP status.  The record contained orders that showed award of the Master Parachutist Badge for 1 January - 19 January 1989 and award of the Combat Infantryman Badge, all prior to the applicant's entry on active duty.  The review of the applicant's record further revealed orders for award of an Army Achievement Medal for meritorious achievement from 
24 November 1989 - 12 December 1989, and a Driver and Mechanic Badge.  Both orders appeared to be valid. 

Also, the memorandum noted that his DA Form 2-1 Section II, Item 13 showed pilot ratings, and Item 14, showed flying status; these entries were completely invalid.  Section II, Item 17, Civilian Education and Military Schools showed he was assigned to Infantry courses in 1986 and 1989, which were erroneous.  The applicant's official record shows that he only completed basic and advanced individual training at Fort Sill, Oklahoma and was assigned to Germany for duty.

On 5 June 1996, the applicant underwent a mental status evaluation by professionally trained personnel.  He was diagnosed to have a personality disorder with a maladaptive pattern of behavior and attitude that significantly impaired his ability to adapt and function effectively within a military environment. The diagnosis further stated that continued retention would probably require undue supervision and management on the part of the command, administrative separation under the provisions of chapter 5, Army Regulation 635-200 was warranted.  

On 28 June 1996, the applicant's commander received a follow-up memorandum that discussed the findings of the Division's Mental Health Services.  The memorandum stated that the applicant was diagnosed to suffer from a delusional adjustment disorder with mixed anxiety and depressed mood.  The diagnosis determined that under extreme stress he may have been a danger to himself and that he may have entertained suicidal ideation.  He was not diagnosed to be a threat to others.  The recommendation was that he not be allowed to reenlist in any military or paramilitary organizations.

On 16 July 1996, a Criminal Investigation Division (CID) investigation established probable cause to believe that the applicant committed the offenses of altering a public record, making a false official statement and larceny of government funds when he altered entries on his DA Form 2-1.  Subsequently, he forged promotion orders and he forged a signature on orders indicating that he attended military training which awarded him a Ranger Tab, Combat Infantryman Badge and a Master Parachutist Badge.  He committed the offense of false swearing when he rendered a sworn statement that he knew to be false, denying these allegations.

On 16 July 1996, the applicant’s unit commander notified him that he was initiating action to separate him prior to the expiration of his term of service under the provisions of chapter 5, Army Regulation 635-00, by reasons of personality disorder with an honorable discharge (HD).

On 19 July 1996, he consulted with legal counsel and authenticated a statement with his initials and signature in which he acknowledged that he understood the ramifications of receiving a GD.  He waived a hearing by a board of officers.  He submitted statements written by three coworkers who stated that he was a hard working service member.  He submitted a statement written in his own behalf in which he stated that he was angry because his chain of command believed that he was a malingerer and he also stated what he believed to be the situation. 

On 5 August 1996, the intermediate commander recommended separation with an honorable discharge.

On an unknown date competent authority waived the requirement for rehabilitative transfer, approved the recommendation and directed the issuance of a HD under the provisions of chapter 5, Army Regulation 635-200, for a personality disorder. 

On 20 August 1996, he was separated with a HD, for a personality disorder.  He had completed 3 years, 5 months and 10 days on the enlistment under review and 3 years, 8 months and 6 days on his prior enlistment.  He had served a total of 7 years, 1 months, and 16 days.  

The applicant's DD Form 214 shows that he was entitled to award of the Army Achievement Medal; the National Defense Service Medal; the Southwest Asia Service Medal with 3 bronze service stars; the Noncommissioned Officer Development Service Ribbon; the Overseas Service Ribbon with number 2; the Kuwait Liberation Medal (Kuwait); the Kuwait Liberation Medal (Saudi Arabia) and the Driver and Mechanic Badge. 

Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provided, in part, that when separation is because of a personality disorder, the service of a soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III.  A GD may be awarded to a soldier who has been convicted of an offense by general court-martial in the current enlistment, period of obligated service, or any extension thereof.

The applicant has not yet made application to the Army Discharge Review Boards (ARBA).

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 the aforementioned requirement.

2.  The applicant was trained in and awarded MOS 13B (Cannon Crewmember). Even though he served in MOS 11B2V as a Scout Squad Leader from
4 December 1993 - 23 November 1994, there is not sufficient evidence to show that he was reclassified or officially awarded the MOS.

3.  The Board notes the memorandum dated 2 January 1991, which does not appear to be valid.  Further, no other documentation is available in his records to support these awards.

4.  Army Regulation 600-8-22 requires formal recommendations, approval through the chain of command, and announcement in orders for all personal decorations.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  There are regulatory provisions for lost recommendations but not for late recommendations or reconsideration.  Specifically, regulation provides that, if there is evidence that a recommendation was made and supported by evidence and no award was made because the recommendation was lost or through inadvertence not acted upon, the Secretary of the Army may award any appropriate military decoration.  The documents the applicant provided are not sufficient to show entitlement to the decorations and awards that he has requested. 

5.  The full name of the "Driver" Badge is the Driver and Mechanic Badge.  The badge is awarded to those individuals identified to have attained a high degree of skill in the operation and maintenance of motor vehicles.  He received the award in 1989 while assigned in Germany as a driver.  There is no basis to change the entry on the DD Form 214.

6.  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.  Professionally trained personnel diagnosed the applicant to have a personality disorder.  He has provided no evidence of an improper diagnosis or other matter to change the reason for his discharge

7.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

8.  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.

NOTE:  The Army Review Boards Agency (ARBA) Support Group, St. Louis should notify the applicant of the following: 

The Army Board for Correction of Military Records (ABCMR) has reviewed the applicant's case and has made the above determination.  However, a review of his records indicates he has not yet filed an appeal to the ADRB.  He may request a records review, with the ADRB and if the Board votes to deny relief, he may reapply to the ADRB for a personal appearance hearing.  He may request a hearing in Washington, D.C. or before the Traveling Panel of the ADRB visiting a city within 300 miles of his home.  Should he later resubmit an application to the ADRB, it would be in his best interest to attach a copy of his letter of notification as evidence of the date of the ABCMR action.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018980	
SUFFIX		
RECON		
DATE BOARDED	19990610	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19960820	
DISCHARGE AUTHORITY	AR 635-200, Chapter 5	
DISCHARGE REASON	Personality Disorder	
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	Correct items 11, 13, 14, 18, 25, and 28 on his DD Form 214.	
2.		
3.		
4.		
5.		
6.