BOARD DATE: 26 June 2020 DOCKET NUMBER: AR20190000351 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a different narrative reason for separation other than "personality disorder." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Standard Form 180 (Request Pertaining to Military Records), dated 15 November 2018 * two typed, self-authored letters from the applicant, undated FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, in section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 does not now nor has he ever had a personality disorder. He believes he was not properly diagnosed by a doctor or professional trained in the field. It is an unfair categorization of his discharge and has been a burden for years. It has keep him from veteran's benefits and potential jobs. 3. The applicant enlisted in the Regular Army on 4 February 1987. He completed training and was awarded military occupational specialty (MOS) 31K (Combat Signaler). He was assigned to the 565th Support Company, Fort Hood, Texas as his first duty station on or about 27 July 1987. 4. Numerous FH (Fort Hood) Forms 2836 (Positive Counseling), dated between October 1987 and August 1988, indicate the applicant's need for SQT and additional MOS schooling. He was on a medical profile that prevented him from taking the physical training test and his rating marks went from excellent/good to good/average/below average. 5. A DA Form 4187 (Personnel Action) indicates the applicant's duty status changed from "Present for Duty" to Absent Without Leave (AWOL)" effective 12 July 1988. Another DA Form 4187 indicates his duty status changed from "AWOL" to "Present for Duty" effective 17 July 1988. 6. A DA Form 4856 (General Counseling Form), dated 19 July 1988, shows he was counseled for failing to sign in on time after taking leave, which resulted in his AWOL status. He understood and noted his mistake as a result of missing his flight and he requested a chapter to get out of the Army. He concurred with the counseling and he signed the form. 7. A DA Form 2627 (Report of Proceedings under Article 15, of the Uniform Code of Military Justice (UCMJ), shows the applicant accepted non-judicial punishment on 26 July 1988 for being AWOL from on or about 12 July 1988 until on or about 17 July 1988. His punishment entailed forfeiture of $182, extra duty and restriction for 7 days, both suspended if not vacated before 26 October 1988. Subsequently, his extra duty and restriction was vacated on 8 August 1988 as a result of failure to go at the time prescribed to his appointed place of duty. 8. A DA Form 2496 (Disposition Form), subject: Psychiatric Evaluation of (Applicant), dated 11 August 1988 from the Community Mental Health Service (CMHS) Division Psychiatrist evaluated the applicant as a result of self and command referral. It was noted the applicant was aware of the reason and agreed to the procedure. The licensed psychiatrist medical doctor noted: a. The evaluation consisted of clinical interview, psychometrics, and corroborative consultation with the unit chaplain. The document is submitted in lieu of DA Form 3822-R (Report of Mental Status Evaluation). b. The mental status examination revealed an alert, oriented in all spheres, Caucasian male, manifesting no evidence of psychosis/thought disorder nor sufficient symptoms to merit the diagnosis of a major affective disorder. Organicity screening was grossly negative. Suicidal ideation/intent was not endorsed. c. Diagnoses: Occupational Problem and Personality Disorder, NOS (not otherwise specified) with passive-aggressive and dependent features. d. The Soldier demonstrated a chronic history of conflict with authority figures and in managing his own aggression. His personality style and primary means of controlling others is expressed in indirect anger (passive resistance to authority), which results in dysfunction and frustration among work peers and supervisors. He lacks the motivation and insight to make adaptive changes or to pursue treatment in a military setting. e. It is strongly recommended that he be considered for administrative separation as outlined in Chapter 5-13, Army Regulation 635-200 (Personnel Separations - Enlisted Personnel). Failure to expeditiously administratively separate him as recommended may result in an exacerbation of his present problems and maladaptive behavior, possibly leading to hospitalization and/or further violations of the UCMJ, which would be detrimental to the best interests of the individual and the military. f. The recommendation for separation under Chapter 5-13 was discussed with the Soldier and is made with his knowledge and concurrence. g. Attached with this form was a two-page document that outlined the guidance and rules for administrative separation because of personality disorder. 9. A DA Form 3822-R, dated 22 August 1988 shows the applicant underwent another evaluation for the reason of request for discharge for good of service. The medical provider stated his behavior was normal. He was fully alert and oriented with unremarkable mood or affect. His thinking was clear with normal though content and good memory. The examiner concluded he has the mental capacity to understand and participate in the proceedings. 10. A DA Form 4856, dated 24 August 1988, shows he was counseled by his company commander on his intent to recommend that the applicant be administratively separated from the Amy under Chapter 5-13 of Army Regulation 635-200 as a result of his past performances and diagnosis from the licensed psychiatrist. The applicant concurred and signed the form. 11. The applicant's immediate commander notified him that he was initiating action to separate him for a personality disorder under the provisions of Chapter 5-13 of Army Regulation 635-200 on 12 September 1988. He cited the reason for the proposed action as a personality disorder, NOS with passive-aggressive and dependent features. The applicant was advised of his rights and his commander further stated if approved, he would receive an honorable discharge. On this same date, the applicant acknowledged receipt of the separation notification memorandum. 12. The applicant was afforded the opportunity to consult and waived his right to counsel. He understood the basis for the contemplated action to separate him for a personality disorder under the provisions of Army Regulation 635-200, Chapter 5-13. The applicant elected to waive consideration of his case and a personal appearance before an administrative separation board and elected not to submit statements on his own behalf. 13. His immediate commander recommended his separation from the Army under the provisions of Army Regulation 635-200, Chapter 5-13, and that he receive an honorable discharge on 5 October 1988. He further noted that all rehabilitative efforts were attempted in numerous counseling sessions but failed. Subsequently, his intermediate commander recommended he be discharged and receive an honorable characterization of service. 14. The separation authority approved his discharge under the provisions of Army Regulation 635-200, Chapter 5-13 and directed his service be characterized as honorable on 17 October 1988. 15. The applicant was honorably discharge on 21 October 1988. The DD Form 214 he was shows he completed 1 year, 8 months, and 16 days of net active service. His DD Form 214 contains the following entries: * Item 25 (Separation Authority), the entry "Chapter 5, Army Regulation 635-200" * Item 26 (Separation Code), the entry "JFX" * Item 28 (Narrative Reason for Separation), the entry "Personality Disorder" 16. The applicant provided: a. A Standard Form 180, dated 15 November 2018 showing he requested his medical records from the National Archives and Records Administration (NARA). b. Two typed, self-authored letters from the applicant, undated, wherein he stated, in effect, that the reasoning of his discharge is unjust. The proper steps were not taken to determine his diagnosis. He has not garnered several employment opportunities due to his reason for discharge. It is an injustice and has been having a negative effect on his life. He was too young to understand the negative impact that it may have on his life but now understand since he has been denied employment opportunities. 17. The applicant is applying to the ABCMR requesting his narrative reason for discharge be changed from “Personality Disorder” to a different reason, contending that he does not have nor has he ever had a personality disorder. The Agency psychiatrist was asked to review this case. Documentation reviewed includes the applicant’s ABCMR application, his supporting documentation, his separation paperwork and the VA electronic medical record (Joint Legacy Viewer-JLV). The military electronic medical record, AHLTA was not reviewed as it was not in service during the veteran’s time in service. No civilian medical documentation or hard copy military medical records were provided for review. a. Review of the applicant’s military records indicates that he received multiple positive counseling statements between Oct 1987 and Aug 1988 while on active duty at Ft Hood, Texas. A DA Form 4187 indicates that the applicant was AWOL from 12 July 1988 to 17 July 1988. A DA Form 4856, dated 19 July 1988, indicates that the applicant failed to sign in after returning from leave which resulted in his AWOL status; he subsequently received an Article 15 for his AWOL. b. On 11 Aug 1988, he underwent a Psychiatric Evaluation conducted by the division psychiatrist. The psychiatrist indicated that the evaluation consisted of clinical interview, psychometrics and corroborative consultation with the unit chaplain. As a result of this evaluation, the division psychiatrist diagnosed the veteran with Occupational Problem and Personality Disorder, not otherwise specified with passive- aggressive and dependent features, manifested by indirect anger and passive resistance to authority. The division psychiatrist recommended the veteran be considered for a Chapter 5-13 separation for Personality Disorder. c. Review of the VA electronic medical record indicates it contains no content regarding the applicant. d. After reviewing the available information, it is the opinion of the Agency psychiatrist that there is insufficient documentation to support the diagnosis of Personality Disorder given to the veteran by the division psychiatrist on 11 August 1988. While the division psychiatrist indicated that psychometric testing was done as part of his Chapter 5-13 evaluation, there is no documentation in the applicant’s military records which corroborates this assertion. Moreover, it is the opinion of the Agency psychiatrist that the applicant’s history of multiple positive counseling statements is inconsistent with a diagnosis of Personality Disorder. Finally, a history of being AWOL is not diagnostic of a Personality Disorder. e. Based on all of these factors, it is the recommendation of the Agency psychiatrist that the applicant’s narrative reason for discharge be changed from Chapter 5-13, Personality Disorder to Chapter 5-17, Condition, Not a Disability. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the frequency and nature of his misconduct, the in-service medical assessment and the reason for his separation. The Board considered the review and conclusion of the medical advising official and concurs with the recommendation. Based on a preponderance of evidence, the Board determined that a correction of the narrative reason the applicant received upon separation was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period of service ending 21 October 1988 as follows: - item 26 (Separation Code) – “JFV” vice "JFX", and; - item 28 (Narrative Reason for Separation) – “Condition, Not a Disability” vice "Personality Disorder." 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. ? REFERENCES: 1. Title 10, United States 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. 2. Army Regulation 635-200, effective 1 October 1982, sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of enlisted members for a variety of reasons. a. Chapter 5-13 provides the criteria for discharge because of a personality disorder. It provides that a Soldier may be separated for personality disorders not amounting to disability under Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) which interfere with assignment to or performance of duty. b. The diagnosis of a personality disorder must be established by a physician trained in psychiatry and psychiatric diagnosis. Separation because of a personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired. 3. Army Regulation 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 of "JFX" is the correct code for members separating under the provisions of paragraph 5-13 of Army Regulation 635- 200 by reason of Personality Disorder. 4. The SPD/RE Code Cross Reference Table provides instructions for determining the RE code for Active Army and Reserve Component Soldiers. This cross reference table shows the SPD code and corresponding RE code. The SPD code of "JFX" has a corresponding RE code of 3. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000351 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1