IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150011895 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150011895 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 13 December 2016 DOCKET NUMBER: AR20150011895 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his enlistment date and type of discharge. 2. The applicant states he was told he would be getting a "mental stress" type of discharge. He also noticed that none of his delayed entry service is on his paperwork. He adds: a. He entered the Delayed Entry Program (DEP) on 15 November 1988, but due to various reasons, his active duty date was pushed back. He went with the recruiter every weekend to the base and reported to him every other day. He entered active duty in June 1990 and served until February 1992. b. Certain events happened that led to his separation. He was having nightmares, so his sergeants sent him to Gorgas hospital. Some of the nightmares related to Colonel Herrera's 6 December 1990 attempted coup [in Panama]. He had a revolver put in his face and the trigger pulled, but it misfired. He could have been killed and among the one dead and three wounded Panamanians. After this incident, he had a parachute accident where he hit the ground hard and was put in Gorgas hospital. The doctor noted something with his back and the nightmares. At the time, his sergeants told him to "man up," so he began drinking to self medicate. This caused problems. c. After talking to his commanding officer and doctors, he was honorably discharged on what he believes to be a mental stress and anguish chapter. His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects this fact. A chapter 13 (i.e., Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 13) bad conduct discharge is not the same thing. He got out and went home only to continue to have nightmares. He has gone to the Department of Veterans Affairs (VA) over 20 times in the last 25 years, only to find out they won't help him because his discharge was wrong. Finally, someone at Johnson City VA sat down with him and explained "what was up" and why he was not being seen. This is why he is requesting a correction to his discharge. d. He knows the Army has records of his hospitalizations. He has post-traumatic stress disorder (PTSD), depression, arthritis from his C5 to his L1 vertebrae, and scoliosis in his back from the T5 to L1 vertebrae. He was told his back condition and PTSD are due to a traumatic event. The only event that could have done this is his parachute accident. His health is bad and is getting worse. He thinks of ending his life every day because of the chronic pain. He does not sleep without having nightmares. He has no good days. 3. The applicant provides: * DD Form 214 * page 2 of his enlistment contract * Certificate of Enlistment * post-service psychological evaluation CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant underwent an enlistment physical on 15 November 1988 at the Military Entrance Processing Station (MEPS), Linthicum, MD. At that time, he was disqualified due to failing weight standards. 3. He provides page 2 of a DD Form 4 (Enlistment/Reenlistment Document), dated 15 November 1988. The remainder of this contract is not provided and this contract is not filed in his records. He also provides a Certificate of Enlistment indicating he enlisted in the United States Army on 15 November 1988. 4. It appears on 24 May 1990, MEPS medical officials cleared him and found him qualified for enlistment. As such, he enlisted in the U.S. Army Reserve (USAR) under the DEP on 29 May 1990. He was discharged from the DEP 8 days later on 6 June 1990. 5. He enlisted in the Regular Army on 7 June 1990. On that date, the Linthicum MEPS published Orders 108-006 indicating that, having enlisted this date in the U.S. Army, he would be assigned to Fort Benning, GA, for training with a report date of 7 June 1990: 6. He entered active duty on 7 June 1990. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Infantryman). He also completed the Basic Airborne Course. 7. He served at Fort Kobbe, Panama, with the 1st Battalion, 50th Infantry, from 26 November 1990 to 27 January 1992. He attained the rank/grade of private first class/E-3. At Fort Kobbe, he was frequently counseled by members of his chain of command for various infractions, including: * breaking curfew and multiple violations of curfew * suspension of pass privileges * failing to follow instructions * disobeying orders 8. On 11 December 1991, he was referred to and underwent a mental status evaluation at the Community Mental Health Services. His DA Form 3822-R (Report of Mental Status Evaluation) shows: a. Based on the data obtained from personal interview impression, inpatient observations, and psychological testing, the applicant had a personality disorder. Due to his personality disorder, he would have longstanding difficulties adapting emotionally to military life. b. The Chief, Inpatient Psychiatry, a medical doctor, recommended his separation under the provisions of chapter 5 of AR 635-200. 9. On 19 December 1981, he underwent a separation physical at Fort Kobbe, Panama. The examining doctor found him medically qualified for separation and assigned him a physical profile rating (PULHES) of "1-1-1-1-1-1" (i.e., no physical limitations). 10. On 30 December 1991, the applicant's immediate commander notified him of his intent to initiate separation action against him under the provisions of paragraph 5-13 of AR 635-200 by reason of a personality disorder, not otherwise specified. The immediate commander stated that the applicant had been diagnosed by a psychiatrist. Due to this disorder, he would have longstanding difficulties adapting emotionally to military life. 11. On 2 January 1992, the applicant acknowledged receipt of the separation memorandum and he was offered an opportunity to consult with counsel. He was advised of the basis for the contemplated separation action and its effect, of the rights available to him and the effect of any action taken by him in waiving his rights, and of the type of discharge and its effect on further enlistment or reenlistment. He waived his right to a personal appearance hearing before an administrative separation board (for which he was not eligible) and elected not to submit a statement. 12. Following this acknowledgement, his immediate commander initiated separation action against him in accordance with AR 635-200, paragraph 5-13. His intermediate commander recommended approval. 13. On 9 January 1992, the separation authority approved the applicant’s separation in accordance with AR 635-200, paragraph 5-13. He directed issuance of an honorable discharge. Accordingly, the applicant was discharged on 28 January 1992. The DD Form 214 he was issued shows he was discharged under the provisions of AR 635-200, paragraph 5-13, by reason of personality disorder. He completed 1 year, 7 months, and 22 days of active service. This form also shows in: * item 12a (Date Entered Active Duty This Period), 7 June 1990 * item 18 (Remarks), "Period of DEP: 900529-900606" * item 25 (Separation Authority), AR 635-200, paragraph 5-13 * item 26 (Separation Code), "JFX" * item 28 (Narrative Reason for Separation), "Personality Disorder" 14. He provides his post-service psychological evaluation report, dated 11 June 2015, showing a diagnosis of chronic and severe major depressive disorder and PTSD. 15. The Board forwarded his separation packet and psychological evaluation report to the Army Review Boards Agency (ARBA) psychiatrist for review. The ARBA psychiatrist rendered an advisory opinion on 28 September 2016 referencing the Diagnostic and Statistical Manual of Mental Disorders-5th Edition, AR 40-501 (Standards of Medical Fitness), with revisions, dated 4 August 2011, and AR 635-200 (Active Duty Enlisted Administrative Separations), dated 6 September 2011. The psychiatrist stated: a. The ARBA psychiatrist was asked to determine if the applicant met criteria for a diagnosis of PTSD at the time of his discharge from the Army. Documentation reviewed included the applicant’s ABCMR application, the applicant’s psychological evaluation, his personal statement, and his military personnel and medical records. The applicant did not provide the ABCMR with any VA medical records. b. A review of the applicant’s personal statement indicates he was involved in Operation Just Cause while on active duty. The applicant reports that in December 1990, during a coup attempt by Colonel Herrera in Panama, he had "a revolver put in my face and the trigger was pulled." Fortunately, the revolver misfired. After this event, the applicant began having problems with nightmares, anger issues, and homicidal ideation. In December 1991, he was admitted to Gorgas Army Hospital with the admission diagnosis of adjustment disorder with mixed features of emotion and conduct. Upon discharge from the hospital, he was diagnosed with intermittent explosive disorder and adjustment disorder. Shortly after being discharged from the hospital, he was separated from the Army with an honorable discharge under the provisions of paragraph 5-13, AR 635-200, due to personality disorder. The applicant reports he continued to have problems with nightmares, anger issues, social and occupational dysfunction after discharge from the Army. c. On 11 June 2015, he underwent a comprehensive psychological evaluation by a psychologist. This evaluation involved both clinical interviews and psychological testing. As a result of the evaluation, the applicant was diagnosed with severe, recurrent major depressive disorder and PTSD. The applicant reported the following post-traumatic symptoms: recurrent nightmares, intrusive recollections, auditory hallucinations related to the trauma (of the revolver being put in his face), hypervigilance, increased startle reaction, anger dyscontrol, flashbacks, avoidant behaviors, memory problems, severe anxiety and impaired social and occupational functioning. d. There is no indication in his military record that applicant failed to meet military medical retention standards in accordance with chapter 3, AR 40-501 and AR 635-40 that were applicable to the applicant’s era of service. e. Review of the military medical and personnel records indicates his behavioral health symptoms were not attributed to PTSD. However, PTSD was not a frequently used or recognized diagnosis in the Army in the early 1990s. The problems he was having with nightmares, anger issues, and homicidal ideation, which led to a diagnosis of intermittent explosive disorder and adjustment disorder, were likely due to unrecognized PTSD. During the early 1990s, it was not unusual for Soldiers with the aforementioned type symptoms to be discharged under paragraph 5-13, AR 635-200. In retrospect, it is now recognized that many of these discharges were due to PTSD. Such is the case with this applicant. His history of significant trauma, his lifelong problems with nightmares, anger dyscontrol, intrusive recollections, avoidance behaviors, anxiety and social/occupational dysfunction are all consistent with a diagnosis of in-service PTSD. f. Based on the information available for review at this time, it is felt that the applicant’s request to have his narrative reason on his DD Form 214 changed to reflect that he was suffering from PTSD at the time of his separation from the Army is justified. 16. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal and/or comments. He did not respond. REFERENCES: 1. AR 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 at the time stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under AR 635-40, that interfered with assignment to or performance of duty. The regulation required that the condition be a deeply-ingrained maladaptive pattern of behavior of long duration that interfered with the Soldier's ability to perform duty. Commanders would not take action prescribed in this paragraph in lieu of disciplinary action. The diagnosis must have concluded that the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired. 2. AR 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. It provides that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. 3. AR 40-501, governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). It outlines medical conditions which may render an individual unfit or which may preclude enlistment and notes that both personality and adjustment disorders will be dealt with through administrative and not medical channels. Paragraph 3-32.1 stated an individual with a history of or current manifestations of personality disorder effecting duty did not render an individual unfit because of physical disability. Paragraph 3-32.2 stated adjustment disorders (transient, situational maladjustments due to acute or special stress) also did not render an individual unfit because of physical disability. These conditions render an individual administratively unfit. These conditions will be dealt with through administrative channels (emphasis added), including AR 635-200. 4. AR 635-5-1 (Separation Program Designator (SPD) Codes) states that the SPD codes are three-character alphabetic combinations which identify reasons for and types of separation from active duty. The SPD code JFX is the correct code for Soldiers separating under paragraph 5-13 of AR 635-200 due to a personality disorder. 5. AR 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his/her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The version of AR 635-5 in effect at the time of his discharge stated DEP time that began on or after 1 January 1985 is not creditable service for pay purposes and will not be entered in item 12 (Record of Service). However, it is creditable service for completing the statutory mandatory service obligation, and will be entered in block 18 (Remarks). DISCUSSION: 1. The applicant contends his 1992 psychiatric diagnosis of personality disorder should now be changed to a diagnosis of PTSD by this Board and, as a result of this correction, he should be, in effect, given a medical discharge. a. The evidence of record shows the applicant was having difficulties in the performance of his military duties. His mental status evaluation yielded a diagnosis of personality disorder. This diagnosis did not amount to a disability under AR 635-40. The applicant’s personality disorder was found to affect his ability to function effectively in a military environment. Therefore, his chain of command initiated separation action under the provisions of paragraph 5-13 of AR 635-200. b. His administrative discharge under the provisions of paragraph 5-13 of AR 635-200 for a personality disorder appears to be proper and was based on the diagnosis he received at the time. His discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of his rights. Accordingly, the type of discharge directed and the reasons were appropriate under the circumstances. c. His post-service records document a diagnosis of PTSD and chronic depressive disorder. The ARBA psychiatrist found that based on the information available for review at this time, the applicant’s request to have his narrative reason on his DD Form 214 changed to reflect that he was suffering from PTSD at the time of his separation from the Army is justified. The only means by which PTSD can become a reason for separation, however, is if it is found unfitting by the disability evaluation system and, as a result, the Soldier is retired or discharged due to disability. d. Prior to separation he was given a profile with no physical limitations. It appears the symptoms he was exhibiting did not rise to a level that warranted further medical review under the disability evaluation system. It appears likely that his behavioral health symptoms may have worsened over the years following his military discharge evolving into a major depressive disorder as well as PTSD. e. The applicant’s post-service psychiatric evaluations and/or medical documents he provides may or may not support his eligibility for service-connection compensation. That is a VA function. The Army disability system (medical discharge) is dependent on a Soldier's fitness or unfitness for duty at the time of separation. His diagnosis by a psychiatrist in 1992 was personality disorder, which at the time was not a basis for referral to the disability evaluation system. 2. As for his enlistment date and DEP time: a. Although he underwent an enlistment physical in November 1988 and he provides a partial enlistment document as well as a certificate showing he initially enlisted in the 1988, it appears he was not qualified for enlistment at the time due to his not meeting Army weight/height standards. There is no evidence in his official records of this enlistment. It is likely this enlistment, if it ever existed, was voided as the applicant was not qualified for enlistment in November 1988 due to his weight exceeding acceptable standards. Additionally, following a recruiter and/or reporting to the recruiter periodically does not equate to being in the Army. b. The only enlistment contract that exists in his records is the one he executed on 29 May 1990. He enlisted in the DEP on 29 May 1990 and he was discharged from the DEP on 6 June 1990. He entered active duty on 7 June 1990 and this date of entry on active duty is correctly indicated in item 12a of his DD Form 214 and his DEP service time (29 May 1990 to 6 June 1990) is also correctly indicated in item 18 of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011895 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011895 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2