IN THE CASE OF: BOARD DATE: 26 July 2023 DOCKET NUMBER: AR20220011529 APPLICANT REQUESTS: change the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 10 February 1983, from “personality disorder” to “adjustment disorder.” APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, 10 February 1983 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect: a. The narrative reason for separation in on his DD Form 214 was declared in error/overuse. For physical reasons he was unable to complete the Airborne Course and advance his 11B (Infantryman), Special Forces career. This was devastating to his psychological health at the time, but not permanent. Although he felt unfit mentally to continue in the Army at that time, he has not had any mental or personality disorder problems since leaving the service. He is married, a college graduate with a degree in Civil Engineering, has a professional career with the Federal Government, and a homeowner. b. He states, the Board should find it in the interest of justice to consider his application because of new evidence that the Army overused “personality disorder” instead on “adjustment disorder” as a reason for discharge. 3. A review of the applicant’s service record shows: a. DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted on 6 July 1982. b. The applicant's duty status changed on the following dates: * Present for Duty (PDY) to Absent without Leave (AWOL) on 23 November 1982 * AWOL to PDY on 6 December 1982 c. He received developmental counseling’s (DA Form 4856) for the following: * Counseled in reference to going AWOL, his duty performance, and his oath to the country * Applicant stated he could not cope and if he could not get out, he may bring harm to himself. His 1SG made an appointment for the applicant to see mental health personnel and talk to the chaplain * Willfully disobeyed a lawful order * Mental health evaluation results; personality disorder. He was informed that he would be evaluated for a period to allow him to correct the problem. * Failure to correct his performance as evidenced by his continued failure to report and poor attitude. * Failure to report to extra duty, failure to follow instructions, and his uniform and appearance was below standard d. A Report of Mental Status Evaluation dated 16 December 1982, shows the applicant was diagnosed with anti-social personality disorder, chronic, severe. The diagnosis represented a character and behavior disorder within the meaning of Army Regulation (AR) 40-501 (Medical Services Standards of Medical Fitness). The condition and the problems presented by the applicant were not in the opinion of the examiner, amendable to hospitalization treatment, transfer, disciplinary action, training or reclassification within the military systems. The psychiatrist stated that it was unlikely that any effort to rehabilitate or develop the applicant into a satisfactory member of the military would be successful. The psychiatrist recommended that the applicant be considered for administrative action as deemed appropriate by the command, with consideration for administrative separation from the service. e. On 30 December 1982, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being AWOL from on or about 23 November 1982 to on or about 6 December 1982. His punishment included forfeiture of $286.00 per month for one month, 45 days of extra duty, and restriction to the limits of the battalion area for 45 days. f. On 19 January 1983, the applicant's immediate commander notified him of his intent to initiate separation actions against him under the provisions of AR 635-200 (Personnel Separations-Enlisted Administrative Separations), paragraph 5-13, by reason of personality disorder. The commander listed the following reason for the proposed action: diagnosis of anti-social personality disorder. The commander informed the applicant of his rights. g. On 22 January 1983, the applicant acknowledged notification of the proposed separation under the provisions of AR 635-200, chapter 5, paragraph 5-13, and its effects; of the rights available to him. He acknowledged that he was provided the opportunity to consult with an officer of the Judge Advocate General’s Corps. 1) He did not submit statements in his own behalf. 2) He understood that he may expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to him. 3) He understood that there was no automatic upgrading nor review by any agency of characterization of service which is under honorable conditions, and that he must apply to the Army Discharge Review Board or the Army Board for Correction of Military Records if he wished review of characterization of service. He further understood that the act of consideration by either Board does not imply that his characterization of service would be upgraded. 4) He understood that if the separation was approved, action would be taken to recoup any unearned portion of the enlistment bonus which he may have received. 5) He understood that he would not be permitted to apply for enlistment in the United States Army within 2 years from the date of separation. 6) He understood he had the right to request a separation medical examination and chose not to request a separation medical examination. h. On 22 January 1983, the applicant’s immediate commander recommended approval of the separation under the provisions of AR 635-200, chapter 5, paragraph 5- 13, existence of a personality disorder. He stated the personality disorder impaired the applicant’s ability to function effectively in the military environment. The applicant was given one month to correct his deficiencies and the Soldier refused to rehabilitate himself. i. On 28 January 1983, the applicant's intermediate commander recommended approval of the separation under the provisions of AR 635-200, chapter 5, paragraph 5- 13, due to a personality disorder. j. On 3 February 1983, the separation authority approved the discharge and directed the applicant be issued an under honorable conditions (general) discharge. k. The applicant was discharged on 10 February 1983. His DD Form 214 shows he was discharged under the provisions of AR 635-200, paragraph 5-13, and his service was characterized as under honorable conditions. He completed 6 months and 20 days of net active service during the covered period. Additionally, his DD Form 214 shows in: * Item 18 (Remarks): Type of last bonus paid – enlistment bonus 2, amount paid: $5000.00 * Item 26 (Separation Code): JMB * Item 27 (Reenlistment Code): RE-3, 3B, 3C * Item 28 (Narrative Reason for Separation): Personality Disorder * Item 29 (Dates of Time Lost During This Period): 23 November 1982 to 5 December 1982 4. MEDICAL REVIEW: a. Background: The applicant is requesting a change in the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 10 February 1983, from “personality disorder” to “adjustment disorder.” b. The specific facts and circumstances of the case can be found in the ABCMR Record of Proceedings (ROP). Below is a brief summary of information pertinent to this advisory: * The applicant enlisted in the Regular Army on 6 July 1982. * The applicant went AWOL 23 November to 6 December 1982. He received a counseling after, which discussed this incident as well as other behavioral concerns to disobeying lawful order, failure to reports, poor attitude, failure to report to extra duty, failure to follow instructions, and his uniform and appearance. This counseling also reviewed the results of his mental status exam (MSE). * On 30 December 1982, the applicant accepted nonjudicial punishment (NJP) for being AWOL from on or about 23 November 1982 to on or about 6 December 1982. * The applicant was discharged on 10 February 1983 under AR 635-200, paragraph 5-13, and his service was characterized as under honorable conditions (general). c. Review of Available Records Including Medical: The Army Review Boards Agency (ARBA) Behavioral Health (BH) Advisor reviewed this case. Documentation reviewed included the applicant’s completed DD Form 149, his ABCMR Record of Proceedings (ROP), DD Form 214, as well as documents from his service record and separation. The VA electronic medical record and DoD health record were reviewed through Joint Longitudinal View (JLV) and AHLTA, though no data was available. Lack of citation or discussion in this section should not be interpreted as lack of consideration. d. The applicant asserts that for physical reasons he was unable to complete the Airborne course and advance in his career, which he stated was devastating to his psychological health at the time, but not permanent. He stated that “although I felt unfit mentally to continue in the Army, I have had no mental, personality disorder, problems since leaving the service 40 years ago.” He also asserted that there is “new evidence that the Army overused “personality disorder” in place of “adjustment disorder.” Per the applicant’s service record, he had significant behavioral issues prior to his discharge (AWOL, failure to reports, disobeying direct orders, poor attitude, etc.). The applicant was also noted as saying if he could not get out of the Army, he may bring harm to himself. This led to his 1SG getting him an appointment to see mental health and the chaplain. During the MSE on 16 December 1982, the applicant was found to have the mental capacity to understand and participate in the proceedings, he was mentally responsible, he met retention standards per AR 40-501, Chapter 3 and he also was diagnosed with antisocial personality disorder, chronic, severe. The provider recommended that he be considered for administrative action as deemed appropriate, with consideration for administrative separation, as any “effort to rehabilitate or develop the applicant into a satisfactory member of the military will be unsuccessful.” Outside of this MSE, no other medical records from his time in service were provided. Review of active-duty electronic health records (EHR) was not possible given his years of service predates EHR in the Army. Review of the applicant’s EHR post discharge did not contain any data. The applicant did not submit any medical or mental health records to support his assertion of him previously only having an adjustment disorder, nor him no longer holding a mental health diagnosis. In summary, there was insufficient evidence that the applicant was ever diagnosed or seen for any mental health condition or concern, other than antisocial personality disorder. And there is no supporting evidence to suggest an adjustment disorder diagnosis was present, or a more appropriate diagnosis. e. Based on the available information, it is the opinion of the Agency Behavioral Health Advisor that there is insufficient evidence to support that the applicant was experiencing an adjustment disorder during his time in service, nor that the antisocial personality disorder diagnosis was incorrect. In the absence of proof, the assumption is that the process was proper and equitable. The applicant is at a disadvantage given medical records during his time in service were not yet electronic, and most mental health records are not held onto past 7 years. Hence, this advisor cannot review his full psychiatric evaluation, nor any other possible mental health records from his time in service. It is reasonable to support a change in record from 5-13 “Due to Personality Disorder,” to 5-17 -“Condition not a disability,” to accurately reflect policy changes IAW 635-200 published in JUN 2021. It is reasonable versus having a potentially inaccurate medical/mental health diagnosis, and/or private health information, listed on his DD Form 214. Kurta Questions: (1) Does any evidence state that the applicant had a condition or experience that may excuse or mitigate a discharge? Not applicable. (2) Did the condition exist or experience occur during military service? Not applicable. (3) Does the condition or experience actually excuse or mitigate the discharge? Not applicable. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the medical advisory, the Board concurred with the advising official finding and recommendation of changing the narrative reason for discharge to Condition, not a disability which is consistent with a Chapter 5-17 discharge and changing the narrative reason. Therefore, relief was granted to correct the applicant’s narrative reason. 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 item 28 (Narrative Reason for Separation) to read - Condition not a disability. 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, U.S. 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 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 (AR) 635-200 (Personnel Separations - Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. Paragraph 5-13 (Separation because of a personality disorder), stated, a member may be separated for personality disorder (not amounting to disability) that interferes with assignment to or performance of duty: a. Personality Disorder – as determined by medical authority (i.e., the diagnosis will have been established by a physician trained in psychiatry and psychiatric diagnosis). b. Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the member’s ability to function effectively in the military environment is significantly impaired. c. Separation processing may not be initiated under this paragraph until the member has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome these deficiencies as reflected in appropriate counseling or personnel records. 3. AR 635-200 (Active Duty Enlisted Administrative Separations), combines separation due to personality disorder with paragraph 5-14 (formerly paragraph 5-13). a. 5-14 (Other designated physical or mental conditions), states commanders may initiate separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that interfere with assignment to or performance of duty. Such physical or mental conditions may include Adjustment Disorder (except Chronic Adjustment Disorder). b. 5-17 (Condition, not a disability) provides that commanders, who are special court-martial convening authorities, may approve separation actions under this paragraph on the basis of other designated physical or mental conditions not amounting to disability that potentially interfere with assignment to, or performance of, duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired c. Soldiers recommended for separation under this paragraph based upon a diagnosis of adjustment disorder must meet the following criteria: Soldier experiences one or more incident(s) of acute adjustment disorder and does not respond to behavioral health treatment (or refuses treatment) when one or more treatment modalities have been offered and/or attempted. The condition must continue to interfere with assignment to or performance of duty even with treatment. The duration of adjustment disorder must be less than 6 months when separation procedures are initiated. The provider must clearly document in the medical record how the condition interferes with assignment to or performance of duty. When an episode of adjustment disorder has persisted for longer than 6 months and continues to interfere with assignment to or performance of duty, the Soldier must be referred to the Integrated Disability Evaluation System. d. Personality disorder. A personality disorder is an enduring pattern of inner experience and behavior that deviates markedly from cultural expectations, is pervasive and inflexible, is stable over time and leads to clinically significant distress or impairment in functioning. The onset of personality disorder typically occurs in adolescence or early adulthood and may manifest as an inability to adapt to the military environment as opposed to an inability to perform the requirements of specific jobs or tasks (though both may be present in some cases). Observed behavior of specific conditions should be documented in appropriate counseling or personnel records and should establish that the behavior is persistent, interferes with assignment to or performance of duty, and has continued after the Soldier was counseled and afforded an opportunity to overcome the mental condition. 4. AR 40-501 (Medical Services Standards of Medical Fitness), in effect at the time, states in 6-30 (Personality, behavior, or learning disorders) that the causes of medical unfitness for military service are: a. Personality and behavior disorders, as evidenced by frequent encounters with law enforcement agencies, antisocial attitudes or behavior which, while not a cause of administrative rejection, are tangible evidence of impaired characterological capacity to adapt to the military service. b. Personality and behavior disorders where it is evident by history and objective examination that the degree of immaturity, instability, personality inadequacy, or dependency will seriously interfere with adjustment in the military service as demonstrated by repeated inability to maintain reasonable adjustment in school, with employers and fellow workers, and other society groups. 5. AR 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, provided that enlisted Soldiers separated under the provisions of AR 635-200, paragraph 5-13 for personality disorder would receive a separation code of JFX (JMB). 6. AR 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army, U.S. Army Reserve, and Army National Guard. Table 3-1 provides a list of RE codes. * RE code "1" applies to Soldiers completing their term of active service, who are considered qualified for enlistment if all other criteria are met * RE code "2" is no longer in use but applied to Soldiers separated for the convenience of the government, when reenlistment is not contemplated, who are fully qualified for enlistment/reenlistment * RE code "3" applies to Soldiers who are not considered fully qualified for reentry or continuous service at time of separation, whose disqualification is waivable; they are ineligible unless a waiver is granted * RE code "4" applies to Soldiers separated from last period of service with a non- waivable disqualification * RE code "3B" is no longer in used but applied to Soldiers who had lost time during their last period of service and was ineligible for enlistment unless a waiver was granted * RE code “3C” is no longer in use but applied to Soldiers who had completed over 4 months of service who did not meet the basic eligibility pay grade requirements of AR 601-280 or who had been denied reenlistment under the Qualitative Retention Process, and were ineligible for enlistment unless a waiver was granted 7. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to: mental health conditions, including PTSD; TBI; sexual assault; sexual harassment. Boards were directed to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge. 8. Section 1556 of Title 10, United States Code, requires the Secretary of the Army to ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) be provided with a copy of any correspondence and communications (including summaries of verbal communications) to or from the Agency with anyone outside the Agency that directly pertains to or has material effect on the applicant's case, except as authorized by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian and military medical and behavioral health professionals and are therefore internal agency work product. Accordingly, ARBA does not routinely provide copies of ARBA Medical Office recommendations, opinions (including advisory opinions), and reviews to Army Board for Correction of Military Records applicants (and/or their counsel) prior to adjudication. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011529 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1