SAMR-RB  21 December 2020 





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 , AR20190004628 


1.Reference the attached Army Board for Correction of Military Records Record ofProceedings in which the Board members recommended denial of the applicant’s request.

2.I have reviewed the findings, conclusions, and Board member recommendations.  I findthere is sufficient evidence to grant relief.  Therefore, under the authority of Title 10, UnitedStates Code, section 1552, I direct that all Department of the Army Records of the individualconcerned be corrected by amending the DD Form 214 for the period of service ending 26March 1980 to reflect in:
-item 25 (Separation Authority) – “AR 635-200, Para 5-17”;
-item 26 (Separation Code) – “JFF”, and;
-item 28 (Narrative Reason) – “Secretarial Authority.”

Additionally, I direct that the applicant’s records be referred to the Office of the Surgeon General for review to determine if the applicant had a condition when separated that warranted consideration for disability evaluation system processing.  

3.Request necessary administrative action be taken to effect the correction of records asindicated no later than 1 May 2021.  Further, request that the individual concerned andcounsel, if any, as well as any Members of Congress who have shown interest be advisedof the correction and that the Army Board for Correction of Military Records be furnished acopy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY: 

Encl X


CF: (  ) OMPF 







ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  16 April 2020 DOCKET NUMBER:  AR20190004628 


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 26 March 1980, as follows: 

.amend Item 26 (Separation Code) to show his separation code as "JMX"(Personality Disorder)  instead of "JMB" (Character or Behavior Disorder)

.amend Item 28 (Narrative Reason for Separation) to show his narrative reasonfor separation as "Disability due to Personality Disorder" instead of "Unsuitability–Personality Disorder"



APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record Under the Provisionsof Title 10, U.S. Code, Section 1552), dated 8 February 2019

.DA Form 2-1 (Personnel Qualification Record – Part II), dated 19 February 1980

.Memorandum, Department of the Army, Company A, U.S. Army ReceptionStation, Fort Leonard Wood, MO, dated 4 March 1980

.Memorandum, Department of the Army, Headquarters, U.S. Army ReceptionStation, Fort Leonard Wood, MO, dated 4 March 1980

.Fort Leonard Wood (FLW) Form (Character of Service Checklist), dated 5 March1980

.Memorandum, Department of the Army, U.S. Army Troop Command(Provisional) U.S. Army Training Center Engineer and Fort Leonard Wood, FortLeonard Wood, MO, dated 21 March 1980

.Memorandum, Headquarters, U.S. Army Training Center Engineer and FortLeonard Wood, Fort Leonard Wood, MO, dated 24 March 1980

.DD Form 214, for the period ending 26 March 1980



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 MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states he is 100% service-connected, permanent and totally disabled,through the Department of Veterans Affairs (VA).  He has been diagnosed withSchizoaffective Disorder, which is linked to his service.  He has been informed by thePhoenix Regional VA Office that unless his DD214 is changed to read as requestedabove, he is not entitled to receive a Certificate of Eligibility for VA Home LoanGuarantee.

3.The applicant enlisted in the Regular Army on 12 February 1980.

4.The applicant's immediate and intermediate commanders recommended hisseparation from service on 4 March 1980, under the provisions of Army Regulation635-200 (Personnel Separations – Enlisted Personnel), paragraph 13-4b, by reason ofmoderate personality disorder.  The applicant received medical exam and mental statusevaluation which determined that he should be separated for unsuitability – personalitydisorder.  He was counseled on the reason for this separation action on
22 February 1980.

5.The separation authority approved the recommended separation action on 21 March1980, under the provisions of Army Regulation 635-200, paragraph 13-4b, and directedthe issuance of a DD Form 256A (Honorable Discharge Certificate).

6.The applicant was discharged on 26 March 1980, under the provisions of ArmyRegulation 635-200, paragraph 13-4b.  His DD Form 214 confirms:

.his service was characterized as "Honorable"

.his separation code was "JMB"

.his narrative reason for separation was "Unsuitability – Personality Disorder"



7.The Board should consider the applicant's statement in accordance with thepublished equity, injustice, or clemency determination guidance.

BOARD DISCUSSION: 

1.The Board carefully considered the applicant’s request, supporting documents,evidence in the records, and regulatory requirements.  The Board noted the factspresented above.  Based on a preponderance of evidence, the Board determined thatthere was no error or injustice in the applicant’s authority for separation “AR 635-200,paragraph 13-4b”, narrative reason for separation “Unsuitability – Personality Disorder”consistent with the authority for separation, or the separation code “JMB” consistentwith the Separation Authority.

2.A post service VA rating, in the case of the applicant up to 30 or more years afterdischarge, does not establish entitlement the applicant to a disability separation from
the Army due to a personality disorder.  Operating under its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings because a medical condition is related to service ("service-connected") and affects the individual's civilian employability.  Furthermore, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  

3.After reviewing the application and all supporting documents, the Board found thatrelief is not warranted.


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XXX :XXX 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. 


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. 


REFERENCES: 

1.Title 10, USC, Section 1552(b), provides that applications for correction of militaryrecords 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 timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect atthe time, provided the specific authorities (regulatory or directive), reasons forseparating Soldiers from active duty, and the separation codes to be entered on theDD Form 214.  It identified "JBM" as the appropriate separation code for Soldiers
separated due to "Unsuitability – Personality Disorder," under the provisions of Army Regulation 635-200, paragraph 13-4b.  The separation code "JMX" is not listed as an authorized separation code. 
 
3.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 
 
 a.  Chapter 13 establishes the policy and procedural guidance for eliminating enlisted personnel found to be unsuitable for further military service.  A member is subject to separation for unsuitability under the provisions of this chapter when one or more of the following conditions exist: inaptitude, personality disorder (as determined by medical authority), and/or apathy.   
 
 b.  Paragraph 13-15 states that a member separated because of unsuitability will be furnished an Honorable or General Discharge Certificate as warranted by his military record.  When the reason for separation is unsuitability due to personality disorder (para 13-4b), the member will be furnished an Honorable Discharge Certificate unless he has been convicted by general court-martial or convicted by more than one special court-martial in the current enlistment period.    
 
4.  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//