ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 August 2019

	DOCKET NUMBER:  AR20180013823


APPLICANT REQUESTS:  a medical discharge due to post-traumatic stress disorder 
(PTSD) in lieu of 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)
*	Letter from the Department of Veteran’s Affair (VA)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was mislabeled as having a personality disorder; however, 
PTSD was the reason for his discharge.  Having separation papers showing a 
Personality Disorder misconstrues his mental state and ability to fit into society to 
current and future employers.

3.  On 23 November 2005, the applicant underwent a mental evaluation.  He was 
diagnosed with adjustment disorder with mixed emotional features and personality 
disorder, not otherwise specified.  The results were based on a clinical interview, review 
of applicant’s history, and psychological testing.  It was determined the applicant was 
not suitable for continued service and his emotional instability was at a level that was 
impairing his occupational functioning capacity and would not likely change significantly 
as long as he remains in the military.  The condition did not rise to a level of a Medical 
Board and it was recommended that he be administratively separated in accordance 
chapter 5-13.  

4.  On 1 December 2005, the applicant's commander notified him that he was initiating 
action to discharge him because of a personality disorder.  The commander stated his 
reason for the proposed action was that a medical professional diagnosed the applicant 
with an adjustment disorder with mixed emotional features, which affect the applicant’s 
performance of duty.  The commander further notified the applicant he was 
recommending that the applicant’s period of service be characterized as honorable.  
The commander advised the applicant of his available rights.  

5.  On 2 December 2005, the applicant acknowledged receipt of notification of the 
proposed separation against him.

6.  On an unspecified date, after consulting with counsel, the applicant declined the 
opportunity to consult with appointed counsel for consultation.  The applicant indicated 
that he was not submitting statements in his own behalf.  He acknowledged that he 
would be ineligible to apply for enlistment in the Army for 2 years after discharge.  He 
further acknowledged he understood if he received a discharge/character of service that 
is less than honorable, he may make application to the Army Discharge Review Board 
(ADRB) or the Army Boards of Correction for Military Records (ABCMR) for upgrading; 
however, an act of consideration by either board does not imply his discharge would be 
upgraded.

7.  On an unspecified date, the appropriate authority directed the applicant be 
discharged and furnished an Honorable Discharge Certificate.

8.  The applicant’s medical records are not available for the board’s review and the 
available record is void of evidence showing he had a condition requiring referral to the 
medical evaluation board (MEB) while on active duty.

9.  On 9 February 2006, the applicant was discharged due to personality disorder, under 
the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted 
Personnel), paragraph 5-13.  He completed 5 years, 5 months, and 29 days of net 
active service this period.  He was awarded or authorized the following:

*	Purple Heart
*	Army Commendation Medal with “V” Device
*	Army Achievement Medal (4th Award)
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Combat Infantryman Badge
*	Expert Infantryman Badge
*	Iraq Campaign Medal

10.  On 2 February 2009, ADRB denied the applicant’s request for a change in the 
character and/or reason for discharge.

11.  On 28 June 2019, the Army Review Boards Agency (ARBA) medical advisor 
provided an advisory opinion.  The ARBA medical advisor concluded the applicant’s 
military medical records indicates did meet medical retention standards and 
recommended changing the applicant’s narrative reason to Chapter 5-17, Condition, not 
a disability.  A copy of the complete medical advisory was provided to the Board for their 
review and consideration.

12.  On 3 July 2019, the applicant was provided a copy of the advisory opinion and 
given an opportunity to submit comments.  He did not respond.

13.  Army Regulation 635-200 provides the basic authority for the separation of enlisted 
personnel.  Paragraph 5-13 provides that a soldier may be separated for personality 
disorder, not amounting to disability under Army Regulation 635-40, which interferes 
with assignment to or performance of duty. The regulation requires that the condition is 
a deeply ingrained maladaptive pattern of behavior of long duration that interferes with 
the soldier’s ability to perform duty.  The regulation also directs that commanders will 
not take action prescribed in this chapter in lieu of disciplinary action and requires that 
the diagnosis concludes the disorder is so severe that the soldier’s ability to function in 
the military environment is significantly impaired.
14.  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.

15.  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.  

16.  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.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, 
evidence in the records and a medical advisory opinion.  The Board considered the 
applicant’s statement, his record of service to include awards and decorations and the 
reason for his separation.  The Board considered the applicant’s VA rating, but found no 
evidence of a condition or conditions that failed to meet retention standards or 
warranted referral to an MEB during the applicant’s period of service.  The Board 
concurs with the opinion of the advising official regarding the assessment of the 
applicant’s condition not being a personality disorder and determined that a correction is 
required to change the applicant’s reason for separation. 
2.  After reviewing the application and all supporting documentation, the Board found 
that partial relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION










BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends 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 9 February 2006 as follows:
      - Item 25 (Separation Authority) – “AR 635-200, para 5-17”
      - Item 26 (Separation Code) – “JFV”
      - Item 28 (Narrative Reason) – “Condition, Not a Disability”.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to a medical separation or retirement due to PTSD.



	  
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), provides 
the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides 
that a soldier may be separated for personality disorder, not amounting to disability 
under Army Regulation 635-40, which interferes with assignment to or performance of 
duty. The regulation requires that the condition is a deeply ingrained maladaptive 
pattern of behavior of long duration that interferes with the soldier’s ability to perform 
duty.  The regulation also directs that commanders will not take action prescribed in this 
chapter in lieu of disciplinary action and requires that the diagnosis concludes the 
disorder is so severe that the soldier’s ability to function in the military environment is 
significantly impaired.

3.  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.

	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.

4.  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.

5.  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.


ABCMR Record of Proceedings (cont)	 AR20180013823
	
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