ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 13 June 2019 DOCKET NUMBER: AR20190004170 APPLICANT REQUESTS: Correction of the narrative reason for separation shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the ending period 7 February 1986, by excluding any reference to a mental health condition. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), with self-authored statement dated 13 February 2019 * Columbiana County Veterans Service Commission, cover letter dated 27 February 2019 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), page 1 dated 11 June 1984 and page 3 dated 3 June 1985 * DA Form 2A (Personnel Qualification Record – Part I) * DA Form 2-1 (Personnel Qualification Record – Part II) * Standard Form (SF) 93 (Report of Medical History), dated 16 January 1986 * SF 88 (Report of Medical Examination), dated 16 January 1986 * SF 608 (Heath Record – Dental) * DD Form 214, for the period ending 7 February 1986 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), 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 never had mental health treatment, nor was he diagnosed with a mental health condition. 3. Following a brief period of service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 3 June 1985. 4. The applicant’s service records contain the following: a. SF 600 (Health Record- Chronological Record of Medical Care), which shows he was seen for psychological problems on 15 November 1985 and referred to the psychiatry clinic for a consultation the same day. This request shows he was having strange dreams of killing his family and friends, he was walking and talking in his sleep, having difficulty sleeping, and having visual and auditory hallucinations. b. SF 513 (Medical Record- Consultation Sheet), which shows he was screened by a psychiatrist on 15 November 1985. This consultation shows the applicant was going through a divorce, was having visual and auditory hallucinations, was angry and disappointed, was finding the Army too stressful, and wanted to get out. 5. The Chief of Community Mental Health submitted DA Form 2496 (Disposition Form), on 25 November 1985 with the Subject: Psychiatric Evaluation on [the applicant] and the following comments: a. [The applicant] was evaluated at the Fort Gordon Community Mental Health Service as requested by Command. b. There is no mental disease, disorder or defect that warrants disposition through medical channels. He can distinguish right from wrong and adhere to the right. He is responsible for his own actions. c. Based on clinical information currently available, it was his opinion that [the applicant] does not possess the essential characterological, emotional, motivational strength necessary to be a continuously productive soldier. It is unlikely that continued efforts of rehabilitation, transfer, or disciplinary action will be of any value. d. Diagnosis: Mixed Personality Disorder e. Strongly recommend Command consider administrative separation. 6. The applicant’s immediate commander notified the applicant on 22 January 1986 that he was recommending separation actions against him without an administrative board, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13 (Personality Disorder). The applicant's commander advised him of the rights available to him and of the effect of any action taken by him to waive his rights. 7. The applicant acknowledged receipt of the proposed separation memorandum on 22 January 1986 and was advised of the basis for his contemplated separation under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorders. He waived his right to consult with counsel and acknowledged that he may encounter substantial prejudice in civilian life if he received a general discharge under honorable conditions. He was further advised of his right to: * he waived representation by counsel * submit statements in his own behalf, [he did not make any statements in his own behalf] * obtain documents to be presented to the separation authority * waive any of these rights * withdraw any waiver of rights at any time prior to the date the discharge authority directs or approves his discharge 8. The applicant's commander formally recommended his separation from service under the provisions of Army Regulation 635-200, paragraph 5-13 (Personality Disorder), based on the applicant's loss of qualification for continued military duty. His commander noted that it was not considered appropriate to effect other disposition because all attempts at rehabilitation had been counterproductive. The commander noted the applicant was counseled on at least six separate occasions between December 1985 and January 1986, for potential discharge and failure to use of chain of command. The applicant’s intermediate commander recommended approval of the separation action on 28 January 1986. 9. Consistent with the chain of command recommendations, the separation authority approved the applicant's discharge on 3 February 1986 and directed that his service be characterized as honorable. 10. The applicant was discharged on 7 February 1986 in the rank/grade of private/E-2. His DD Form 214 confirms he was discharged under the provisions of Army Regulation 635-200, paragraph 5-13, and his service was characterized as honorable. Item 28 (Narrative Reason for Separation) of his DD Form 214 contains the entry "Personality disorder." 11. The applicant provides a Columbiana County Veteran’s Service Commission cover letter that shows he submitted his DD Form 214 and OMPF for consideration of his request. BOARD DISCUSSION: After review of the application and all evidence, the Board found insufficient evidence to grant relief. The board applied Office of the Secretary of Defense standards of liberal consideration and clemency to the complete evidentiary record, including the applicant’s statement and did not find any evidence of error, injustice, or inequity in the applicant’s narrative reason code on his DD Form 214 dated “86-02-07”. The Board agreed that that the applicant was evaluated by medical authority and there is evidence in the record that medical authorities diagnosed the applicant with a personality disorder, all in accordance with regulatory requirements. Furthermore, the record indicates that the applicant acknowledged the diagnosis and narrative reason for discharge in his separation packet by applying his signature. Therefore, the Board agreed that the applicant’s narrative reason code is appropriate. 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 for correction of the records of the individual concerned. 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): N/A 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 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 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b states a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to Soldiers whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 5-13 stated a Soldier could be separated for personality disorder (as determined by medical authority), not amounting to disability under Army Regulation 635-40, that interfered with assignment to or performance of duty. (1) 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. Separation for personality disorder was not appropriate when separation was warranted under Chapters 4, 5, 7, 9, 10, 11, 13, 14, or 15 of this regulation; Army Regulation 604-10; or Army Regulation 635-40. (2) Paragraph 5-13h stated the service of a Soldier separated per this paragraph was characterized as honorable unless an entry level separation was required under chapter 3, section III. Entry level status is defined for Regular Army Soldiers as the first 180 days of continuous active duty. Characterization of service under honorable conditions was awarded to a Soldier who had been convicted of an offense by general court-martial or who had been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 3. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records may grant clemency regardless of the court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, Boards shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004170 4 1