IN THE CASE OF: BOARD DATE: 17 January 2024 DOCKET NUMBER: AR20230004635 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) item 28 (Narrative Reason for Separation) changed from personality disorder to something else. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Psychologist record 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 he was never diagnosed with a personality disorder in the military. He has been diagnosed with post-traumatic stress disorder (PTSD), and he feels the PTSD contributed to his exit from service, not an undiagnosed personality disorder. 3. The applicant’s service records are not available for review. An exhaustive search was conducted to locate the service records, but they could not be found. The only documents available were the documents provided by the applicant. These documents are sufficient for the Board to conduct a fair and impartial review of this case. 4. The applicant enlisted in the Regular Army on or about 29 January 1985. He held military occupational specialty 19D (Cavalry Scout). ? 5. The circumstance related to his separation are not available, however, he did provide a copy of his DD Form 214, which shows he was honorably discharged on 13 January 1986 after his completion of 11 months and 15 days net active service this period. His DD Form 214 also shows: * Item 25 (Separation Authority): Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13 * Item 26 (Separation Code): JFX * Item 27 (Reentry Code): RE-3, 3C * Item 28 (Narrative Reason for Separation): Personality Disorder 6. The applicant provides medical/psychologist record from a VA hospital, dated 27 January 2023, which notes/discusses the applicant’s ongoing stressors related to health issues and finances. The initial diagnosis impressions were Major Depressive Disorder and PTSD, Chronic. (The entire report is available in documents for the board’s review). 7. The Army rates only conditions determined to be physically unfitting at the time of discharge, which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA may compensate the individual for loss of civilian employability. 8. MEDICAL REVIEW: a. The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: b. The applicant is applying to the ABCMR requesting the reason for his discharge be changed from personality disorder. On his DD form 149, he notes that PTSD is related to his request. He states: “I was never diagnosed with a personality disorder in the military. I have been diagnosed with PTSD, and I fee that contributed to my exit of service, not an undiagnosed personality disorder.” c. The Record of Proceedings details the applicant’s military service and the circumstances of the case. His DD 214 shows he entered the regular Army on 29 January 1985 and was honorably discharged on 13 January 1986 under authority provided in paragraph 5-13 of AR 635-200, Personnel Separations – Enlisted Personnel (15 January 1985): “Separation because of personality disorder.” d. Paragraph 5-13 of AR 635-200 allows commanders to separate Soldiers “for personality disorder (not amounting to disability (AR 635-40)), that interferes with assignment to or performance of duty.” Paragraph 3-32.1 of AR 40-501, Standards of Medical Fitness (1 December 1983) addresses personality disorders: “These conditions may render an individual administratively unfit rather than unfit because of physical disability. Interference with performance of effective duty in association with these conditions will be dealt with through appropriate administrative channels.” e. Neither the applicant’s separation packet nor documents addressing his involuntary administrative separation were submitted with the application nor uploaded into iPERMS. f. JLV shows he has been awarded a 100% VA service-connected disability rating for PTSD. Kurta Questions: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? YES: PTSD (2) Did the condition exist or experience occur during military service? YES (3) Does the condition or experience actually excuse or mitigate the discharge? Given an absence of derogatory information, his honorable discharge, and service- connected PTSD, it is recommend the applicants separation authority be change to “Secretarial Authority.” ? BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was/was not 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 review, the Board concurred with the advising official recommendation to correct the narrative reason, finding an absence of derogatory information, his honorable discharge, and service-connected PTSD. Based on the opine and regulatory guidance, the Board granted relief to correct the applicant’s narrative reason for separation. 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 - Secretarial Authority. 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) provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 at the time provided that a Soldier could be separated for personality disorder, not amounting to disability under AR 635-40 that interfered with assignment to or performance of duty. 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. The regulation also directed that commanders would not take action prescribed in this chapter in lieu of disciplinary action, required that the diagnosis concluded the disorder was so severe that the Soldier’s ability to function in the military environment was significantly impaired, and stated that separation for personality disorder was not appropriate when separation was warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; AR 604-10; or AR 635-40. 3. Title 38, U.S. Code, section 1110 (General – Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 4. Title 38, U.S. Code, section 1131 (Peacetime Disability Compensation – Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 5. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs 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. This guidance does not mandate relief, but rather provides standards and principles to guide BCM/NRs in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs 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. 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. 6. 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) AR20230004635 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1