MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 August 1999                            
	DOCKET NUMBER:  AR1999020234

	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:

	Ms. Shirley L. Powell 		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis 		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 separation (personality disorder) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be removed.

APPLICANT STATES:  In effect, that she believes that she did not meet the criteria for separation under the provisions of paragraph 5-13, Army Regulation 635-200, for a personality disorder.  She believes that she was discharged as result of making a sexual harassment contention.  She requests that the Board not place post traumatic stress disorder (PTSD) in her records; she requests 
13 months of back pay; and severance pay.  She believes that she suffered defamation of character while in basic training.  The defamation of character brought about the sexual harassment that she experienced and the sexual harassment brought about her being drugged and raped.  She submits a six page letter and numerous documents in support of her request.

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

On 21 March 1991, she enlisted in the Regular Army for 6 years, pay grade 
E-3, and training in military occupational specialty (MOS) 91E (Dental Specialist). There were no documented problems while in basic or advanced individual training.  After completion of her training in October 1991, she was assigned to Fort Riley, Kansas for 2 years.  In December 1993, she was assigned to Korea and served until she returned in January 1995.  The highest pay grade she achieved was pay grade E-4

On 22 February 1995, the applicant was assigned to Fort Bragg, North Carolina. Between May 1995-January 1996, she was counseled numerous times for being disrespectful to various noncommissioned officers (NCO's); for disobeying a direct order from an NCO; for failure to repair; for making a false official statement; and for failure to follow instructions.  Her record contains no recorded nonjudicial punishments. 

On 26 October 1995, the applicant was referred for a psychiatric evaluation as a result of having difficulty adjusting to military life.  The command stated that she was insecure; a loner; "never had a friend in the military"; she felt that every one in her life was against her; she felt that she was singled out at home; in basic training; in advanced individual training, and at previous assignments.  She sought help through "6-BOSS," the Judge Advocate General (JAG), the commander, and the NCO chain of command.  She always felt discriminated against, and "emotionally and mentally taken advantage of.  She had a heightened fear for her health and welfare by requiring extra security in her room and waking up in the middle of the night."  She also went to JAG to see if she was being investigated.  She refused to see the chaplain and would not refer herself for any counseling.

On 31 October 1995, the applicant underwent a psychiatric evaluation which revealed that she met the criteria for a personality disorder.  The disorder appeared to be relatively mild, in that she was competent in the performance of her work and she had managed to serve almost 5 years in the military.  However, she was a loner who had isolated herself from fellow soldiers, and she had problems adjusting to military life.  It was determined that "the projective drawings were all more characteristic of that of a depressed patient than of a paranoid patient."

On 6 November 1995, the applicant received a second psychiatric evaluation.  The diagnosis was Personality Disorder.  Medical authorities cited the unit's reports of chronic personality conflicts, her difficulty trusting others, her psychological testing results that indicated paranoid traits, and her behavior in the clinical interview as the basis for the diagnosis.  

A 21 November 1995 Memorandum for Record indicates that the applicant felt that she had been mistreated by her command at her previous assignment which had been in Korea.  She stated that she had felt isolated, and had difficulties making friends.  Since, being assigned to Fort Bragg, she stated that she sometimes felt that the military was not providing a positive environment for her.

On 10 January 1996, a civilian behavioral Medical Facility evaluated the applicant and ruled out a paranoid personality disorder.  It was determined that no evidence of psychosis or chronic mental illness was found.  The clinical psychologist recommended that more psychological testing and reviews were necessary to substantiate a personality disorder.

On 16 January 1996, a second opinion was rendered by the military psychiatric evaluator to clarify the opinion rendered on 31 October 1995.  The opinion indicated that "the applicant continued to demonstrated behavior consistent with a diagnosis of paranoid personality disorder under the diagnostic criteria provided in the Diagnostic and Statistical Manual of Mental Disorders."  The applicant refused counseling through mental health or the chaplain's office.  She also refused to follow through at the clinic for additional observation.  Additionally, it was determined that she perceived attacks on her character or reputation that were not apparent to others and she was quick to react angrily or to counterattack

On 22 January 1996, the Chief, Department of Psychiatry and Neurology at Fort Bragg, North Carolina determined through an extensive clinical interview with the applicant and a review of collateral information as well as an interview with her chain of command that she met the criteria for a diagnosis of "personality disorder, paranoid type."  It was also determined that she demonstrated difficulties in her work environment which impaired her abilities to perform her duties in an acceptable fashion which had been document to be long standing.
It was recommended that the command proceed with administrative actions deemed appropriate. The applicant's ability to support the mission of the command was considered minimal at best.   

The applicant’s unit commander notified her that he was initiating action to separate her prior to the expiration of her term of service under the provisions of paragraph 5-13, Army Regulation 635-200, for a personality disorder with an honorable discharge. 

The applicant authenticated a statement with her initials and signature in which she declined further representation by counsel, and acknowledged that she understood the ramifications of receiving a discharge for a personality disorder.  The record does not contain a statement submitted in her own behalf. 

Competent authority approved the recommendation and directed the issuance of an honorable discharge under the provisions of paragraph 5-13, Army Regulation 635-200.  On 1 February 1996, she was separated with an HD, for a personality disorder.  She had completed 4 years, 10 months and 11 days of active military service

On 24 February 1997, the Department of Veterans Affairs (DVA) granted the applicant a 30 percent disability rating for PTSD, to include panic attack due to sexual trauma/harassment.

DVA records, dated 29 October 1997 indicate that the applicant contended that she was drugged and raped between 1991-1994, and that she never reported these incidents while she was in the military.

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.  An HD was generally considered appropriate.

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.  There is nothing in the applicant's record and she has provided no independent corroborating evidence demonstrating that the command's action was malicious or erroneous.  Additionally, the Board determined that she was offered counseling and or treatment through appropriate channels, and she refused.  The command had no alternative but to separate her for a personality disorder.

3.  There is nothing in her record and she has provided nothing that indicates that the command slandered or assassinated her character.  A psychological evaluation determined that she perceived attacks on her character when it was not the intent of others.

4.  There is no evidence available to substantiate the contention that she was raped while she was in the military, nor was she ever diagnosed to suffer from PTSD while she was in the military.

5.  The Board found no basis to grant the applicant back pay or severance pay.  She was discharged as result of multiple evaluations that showed that she suffered from a personality disorder.  She has provided no medical evidence to demonstrate that she was unjustly discharged.

6.  The fact that the DVA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.

7.  The Board determined that the reason for discharge and the characterization of service were both proper considering 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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

SLP____  SL______  BJE_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025246	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990826	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19960201	
DISCHARGE AUTHORITY	AR635-200  	
DISCHARGE REASON	Personality Disorder	
BOARD DECISION	(NC)	
REVIEW AUTHORITY	Director	
ISSUES         1.	A86.00	
2.		
3.		
4.		
5.		
6.