ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20160014493 APPLICANT REQUESTS: honorable physical disability discharge in lieu of uncharacterized discharge due to personality disorder. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014869 on 26 April 2007. 2. The applicant states: a. In July 1999, he was sent from Aberdeen Proving Ground, MD, to the Walter Reed Army Medical Center (WRAMC) psychiatric unit and was discharged from the service from the hospital. b. Prior to starting basic combat training at Fort Benning, GA, he also took a psychological test. The advancement in technology will ensure the Federal Government’s ability to obtain his past records at a minute’s notice. Thank God for technology! All is the same as in the prior application he sent, only his existence has changed geographically. His application contains a drawn map of a land mass and a compass. c. He has learned through prison experiences that he has no faith in the mental health field. He finds most psychological doctors are insanely trivial and are as dumb as a grunt in the middle of the Atlantic Ocean, where he has no business to be, other than to realize he’s in the forest of mountains of Afghanistan. He supposes that’s one of the benefits of being an ignorant American! He offers his apologies! 3. The applicant enlisted in the Regular Army on 20 April 1999. 1. 4. A memorandum from the applicant’s attending psychiatrist at WRAMC, dated 15 July 1999, shows: a. The applicant was seen on 7 July 199 at WRAMC after referral by his unit for an emergency evaluation of self-mutilation that occurred on the day of the admission. The evaluation revealed a long-standing history of over-the-counter substance abuse and alcohol binging. Additionally, it revealed long-standing personality traits that include feelings of abandonment, emptiness, poor self-esteem, recurrent patterns of impulsivity, desire for isolation and suicidal ideation with self-mutilation have persisted and worsened during his brief military career. b. He was diagnosed with Axis I adjustment disorder with depressed mood, substance abuse, alcohol abuse and Axis II borderline personality disorder and schizoid personality disorder. c. He was deemed unsuitable for continued military service on the basis of the above diagnosis. This poor adaptation to military service, as evidenced by worsening of his personality disorder, would likely only worsen in the future. He was considered potentially dangerous based upon his actions that led to his hospitalization and vague suicidal ideation without an active plan d. He was admitted to WRAMC, Ward 54, for evaluation, observation, and treatment. He was returned to his command with the recommendation to: * move him to the barracks and restrict his access to weapons * process him for expeditious administrative separation in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13 for personality disorder * the applicant did not have a severe mental disorder and was not considered mentally disordered; however, he manifested a long-standing disorder of character, behavior, and adaptability of such severity so as to preclude adequate military service * seek follow-up care for his substance abuse at the Midcoast Mental Health Center in Rockland, ME 5. A Standard Form 88 (Report of Medical Examination) shows: * he was examined for the purpose of administrative discharge under the provisions of Army Regulation 635-200, paragraph 5-13 * he had a cross on his forehead resulting from self-mutilation and multiple self- induced linear scars to both forearms and wrists * he was diagnosed with depression and personality disorder * he was qualified for separation * 6. A Medical Command Form 699-R (Mental Status Evaluation), dated 22 July 1999, shows: * he was evaluated by the Community Mental Health Service at the commander’s request * he was found to have the mental capacity to understand and participate in the proceedings * he was mentally responsible at the time and date of his interview for his behavior * he was cleared for any administrative action deemed appropriate by the command 7. On 23 July 1999, he was notified by his commander of her intention to initiate action to separate him from the Army under the provisions of Army Regulation 635-200, paragraph 5-13, with an uncharacterized discharge. He was advised of his right to consult with counsel and submit statements in his behalf. 8. On 28 July 1999, he acknowledged being advised by consulting counsel of the basis for the contemplated action to separate him for personality disorder under the provisions of Army Regulation 635-200, paragraph 5-13. He did not submit statements in his own behalf. 9. The approval authority directed the applicant’s discharge in accordance with Army Regulation 635-200, paragraph 5-13, and the issuance of an Uncharacterized Discharge Certificate. 10. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged due to personality disorder on 29 July 1999, after 3 months and 10 days of net active service. His service was uncharacterized. 11. He applied to the Army Discharge Review Board (ADRB) requesting a change to his narrative reason for discharge from personality disorder to physical disability. The ADRB determined all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. On 31 May 2006, the ADRB determined his narrative reason for discharge was deemed to be both proper and equitable. 12. He subsequently applied to the ABCMR, requesting a change in his uncharacterized discharge for personality disorder to honorable physical disability discharge. On 26 April 2007, the Board denied his request deeming his discharge appropriate. 13. On 20 September 2018, the Army Review Boards Agency (ARBA) senior medical advisor provided an advisory opinion. The ARBA senior medical advisor concluded there is no evidence of a medical disability or condition that would support a change to 1. the character or reason for the discharge in this case. The applicant’s personality disorder and associated adjustment disorder with depressed mood clearly existed prior to service and there was no indication for disability evaluation processing. A copy of the complete medical advisory was provided to the Board for their review and consideration. 14. On 27 September 2018, the applicant was provided a copy of the advisory opinion and given an opportunity to submit comments, but he did not respond. 15. Army Regulation 635-200, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-13 states a service member may be separated for personality disorder not amounting to disability that interferes with assignment to or performance of duty when so diagnosed by a medical authority. A Soldier being separated under this section will be awarded a character of service of honorable, under honorable conditions, or an entry-level separation. b. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 16. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command- referred for a fitness-for-duty medical examination. 17. Army Regulation 635-40 establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-2 states 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 who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: a. (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. BOARD DISCUSSION: 1. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, medical concerns, and the medical advisory opinion were carefully considered. Based upon the preponderance of evidence, the Board agreed the medical condition existed prior to his entry into service, and his discharge characterization was warranted. 2. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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 to amend the decision of the ABCMR set forth in Docket Number AR20060014869 on 26 April 2007. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 5-13 states a service member may be separated for personality disorder not amounting to disability that interferes with assignment to or performance of duty when so diagnosed by a medical authority. A Soldier being separated under this section will be awarded a character of service of honorable, under honorable conditions, or an entry-level separation. b. Section II (Terms) of the Glossary defines entry-level status for Regular Army Soldiers as the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break of more than 92 days of active military service. 2. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the Army physical disability evaluation system and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. a. b. The disability evaluation assessment process involves two distinct stages: the MEB and PEB. The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability either are separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retired pay and have access to all other benefits afforded to military retirees. c. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 3. Army Regulation 635-40 establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-2 states 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 who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. (1) 4. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. //NOTHING FOLLOWS// DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 27 May 2019 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for , SSN , AR20160014493 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 25 March 2019, in which the Board members recommended denial of the applicant’s request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 29 July 1999 to reflect an Uncharacterized discharge by reason of Condition, not a disability. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 27 September 2019. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl CF: ( ) OMPF Printed on Recycled Paper