MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 July 1999                          
	DOCKET NUMBER:   AR1999021437

	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. Fred N. Eichorn 		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Margaret V. Thompson		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 narrative reason for his discharge be changed from Personality Disorder to Secretarial Authority.

APPLICANT STATES:  In effect, that his chain of command separated him under the provisions of chapter 5-13, Army Regulation 635-200, for a personality disorder to avoid answering questions by higher authorities concerning their non-support of noncommissioned officers.  He submits a memorandum provided to Persian Gulf War Veterans concerning Persian Gulf War illnesses, a statement written in his own behalf, congressional correspondence, and separation documents in support of his request.

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

The applicant served in the US Army Reserve (USAR) from 23 March 1984 - 
27 July 1987.  On 28 July 1987, he enlisted in the Regular Army (RA) and honorably completed four periods of service from 28 July 1987-13 June 1990, from 14 June 1990- 10 December 1992, from 11 December 1992-20 December 1994, and from 21 December 1994-19 March 1997.  His military occupational specialty (MOS) was 92G (Cook).

The applicant served in Saudi Arabia from 14 October 1990 - 29 March 1991. Further evidence of record indicates that after his return from Saudi Arabia he made numerous visits to medical treatment facilities complaining of body pain, difficulties with his extremities, and pain in his testicles.  In 1993, he began being treated for posttraumatic stress disorder (PTSD).

The applicant's records are somewhat unclear, but he had an alcohol abuse problem.  He completed a Track I and Track II course of training in an Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) on unknown dates. He was sober for 3 years, which was until he went to Saudi Arabia.  A medical consultation record dated, 13 December 1995, recommended that the applicant be introduced to Alcoholics Anonymous, because he had never accepted his alcoholism and still attempted to drink socially.

On 20 March 1997, the applicant reenlisted in the RA for 3 years, in his current MOS and pay grade E-5.  He had received ratings of successful in all areas of responsibility on his Noncommissioned Officer Evaluation Reports up until this time. 

Evidence of record indicates the applicant was extremely aggressive.  He had problems working with other soldiers, and he used abusive language towards his subordinates on a number of occasions when they made a mistake or failed to meet his expectations.

A mental status evaluation, dated 7 July 1997, indicated that the applicant had been evaluated in the Division's Mental Health Clinic (DHMC) from 21 February -16 June 1997.  It was determined that "his presentation was consistent with the diagnosis of a significant Personality Disorder (borderline, antisocial traits)".  Further, it was determined that this was a chronic, maladaptive pattern of thinking and behavior that significantly impaired his ability to function under the requirements of military service.  It was recommended that the applicant be administratively separated under the provisions of chapter 5-13, Army Regulation 635-200.  

A second mental status evaluation, dated 27 September 1997, indicated that the applicant had been evaluated by the DMHC from February 1997-27 September 1997.  It was determined that the applicant's presentation was consistent with the diagnosis of a significant personality disorder (narcissistic/obsessive traits) that impaired his ability to serve.  It was recommended that he be separated.

On 17 October 1997, the applicant was notified that a board of officers would be convened under the provisions of Army Regulation 635-200, for the purpose of determining whether he should be discharged for a personality disorder before the expiration of his term of service.

A memorandum for record, dated 16 December 1997, indicated that the applicant grabbed another soldier by the throat and began choking the soldier when he failed to respond to him in the manner in which he expected.  He kneed a second soldier in the face causing his nose to bleed when the soldier did not believe that he had previously been an instructor of hand-to-hand combat.  During a third incident, after he was reprimanded for poor job performance, he verbally threatened to kill an NCO or himself.

On 24 December 1997, the applicant acknowledged notification of the commander's intent to separate him.

On 29 December 1997, he consulted with legal counsel concerning the basis for the contemplated separation action and the rights available to him.  He declined to submit a statement in his own behalf.  He requested a personal appearance before an administrative separation board.  He also requested further legal representation.

On 28 April 1998, the applicant appeared before the board of officers with his counsel.  The same day, the board of officers determined that his personality disorder was supported by a preponderance of evidence and that the applicant was undesirable for further military service.  Additionally, the board recommended that the applicant be separated with an honorable discharge by reason of a personality disorder.

On 11 May 1998, competent authority approved the recommendation and directed the issuance of an HD, under the provisions of chapter 5-13, Army Regulation 635-20, by reason of a personality disorder. 

On 17 June 1998, the applicant was discharged.  He had served 1 year,
2 months and 27 days on the enlistment under review and he had 9 years, 
9 months, and 8 days of prior active military service.

There is no evidence that the applicant has ever applied to the Army Discharge Review Board.

Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides, in part, 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 Board found no evidence of arbitrary or capricious actions by the command.  A professionally trained psychiatrist determined that the applicant demonstrated traits consistent with a significant personality disorder.

3.  The applicant was properly separated in accordance with regulations then in effect and there is no indication of procedural errors, which would have jeopardized his rights.

4.  Therefore, the type of discharge directed and the reason for discharge was appropriate considering the facts of the case.

5.  In view of the foregoing, there is no basis for granting the applicant's request under current standards.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

FNE_____  LEM____  MVT_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________   ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021437	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990728	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19691224	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	Personality Disorder	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	Request change of reason	
2.	A86.00	
3.	A94.11	
4.		
5.		
6.