ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 1 December 2021 DOCKET NUMBER: AR20190012628 
APPLICANT REQUESTS: item 28 (Narrative Reason for Separation) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to read "post-traumatic stress disorder" instead of "personality disorder." 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. 
DD Form 149 (Application for Correction of Military Record), 8 July 2019 

. 
Medical Records 

. 
Memorandum, subject: separation under the provisions of Army Regulation 635­200 (Personnel Separations), chapter 5, 3 April 1996 

. 
Honorable Discharge Certificate, 9 May 1996 


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 on his DD Form 214, item 28 shows the reason for his separation as personality disorder. Several times his [medical record] states post-traumatic stress disorder (PTSD); however, when he was discharged his DD Form 214 shows personality disorder. 

3. 
On 1 July 1993, he enlisted in the Regular Army. He completed training and was awarded military occupational specialty 92Y (Unit Supply Specialist). 

4. 
On completion of training, he was reassigned to the 20th Engineer Brigade at Fort Bragg, NC. 

5. 
On 14 March 1996, he underwent a mental status evaluation. His DA Form 3822-R (Report of Mental Status Evaluation), dated 15 March 1996, that shows, in part, the applicant was evaluated on December 1995, by Commander’s request. Based on the evaluation his diagnostic impression is that of a personality disorder NOS (Antisocial 

Traits), ETOH abuse (on remission) and possible PTSD (mild type) secondary to burn accident while deployed to Haiti. Appropriate treatment will be provided as desired until his discharge from the military. There is no evidence of any psychiatric condition which would warranted disposition through medical channels. He is competent, not suicidal or homicidal at this time. However, due to his personality disorder we (the provider) continue to recommend expeditious administrative separation under the provisions of us Chapter 5-13 (personality disorder). 

6. 
On 7 December 1995, his immediate commander notified him of his intent to initiate separation action against him under the provisions of paragraph 5-13 of Army Regulation (AR) 635-200 (Personnel Separations) by reason of personality disorder. The reasons for the proposed action is that he was evaluated by a Behavioral Science Specialist on 4 December 1995 and his mental evaluation status states that the problems presented by him are not amendable to hospitalization, brief treatment, rehabilitating transfer, disciplinary action, retraining, or MOS reclassification to produce an effective soldier. He was reevaluated on 15 March by the Psychiatrist with no change in his mental status. 

7. 
On 3 April 1996, the applicant acknowledged receipt of the notification of his pending separation action and he was subsequently advised by counsel of the basis for the contemplated action to separate him for a personality disorder under the provisions of paragraph 5-13 of AR 635-200. He requested consulting counsel, but elected to waive his right to submit a statement in his own behalf. 

8. 
On 3 April 1996, his immediate commander initiated separation action against him under the provisions of paragraph 5-13 of AR 635-200 by reason of personality disorder. The commander specifically noted that the applicant was evaluated by a Behavioral Science Specialist on 4 December 1995. His mental evaluation status states that the problems presented by [applicant] are not amendable to hospitalization, brief treatment, rehabilitating transfer, disciplinary action, retraining, or MOS reclassification to produce an effective Soldier. [Applicant] was reevaluated on 15 March by Captain P____ (Psychiatrist) with no change in [applicant] mental status. 


7. 
On 22 April 1996, the separation authority approved the proposed separation action against the applicant in accordance with paragraph 5-13 of AR 635-200 and directed that he be issued an honorable discharge certificate. 

8. 
On 9 May 1996, he was honorably discharged accordingly. His DD Form 214 shows he completed 2 years, 10 months, and 9 days of creditable active service during this period. The form also contains the following entries: 

. 
item 25 (Separation Authority) shows the entry Army Regulation 635-200, paragraph 5-13 

. 
item 26 (Separation Code) shows the entry "JFX" 

. 
item 28 (Narrative Reason for Separation) shows the entry "Personality Disorder" 



9. 
There is no indication that the applicant requested an upgrade of his discharge from the Army Discharge Review Board within its 15-year statute of limitations. 

10. 
The applicant provided medical records that show, in part, he was diagnosed with PTSD. 

11. 
The applicant also provided his VA medical records that show, in part, while in Haiti he sustained third degree burns in an accident. Since then he has experienced nightmares and flashbacks. He cannot handle being around fire, reports trouble sleeping, cold sweats, and poor appetite. He gets irritable for everything. 

12. 
By regulation (AR 635-200), paragraph 5-13, provides for separating individuals for personality disorder, and provides that a Soldier may be separated for personality disorder (not amounting to disability) that interferes with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnoses. Separation because of 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. 
13. 
By regulation (AR 635-5-1), Separation Code “JFX” as shown on the applicant’s DD Form 214 specified the narrative reason for discharge as “Personality Disorder.” Soldiers separated under paragraph 5-13 received the SPD "JFX"; their DD Forms 214 were required to show "Personality Disorder" as the narrative reason for separation. In the latest revision of AR 635-5-1, the SPD has changed to "JFV" and the current narrative reason for separation is "Condition, Not a Disability." 

14. 
MEDICAL REVIEW: 


The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s military service records. The Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Solutions (HAIMS) was not in use at the time of his service. A review of his hardcopy military medical records indicates he reported a 1-month deployment to Haiti. He had an accident while burning waste and sustained burns. He stated he had flashbacks and could not handle being around fire. He was diagnosed with PTSD and Personality Disorder, not otherwise specified (NOS) with Antisocial traits. He completed an anger management group and was prescribed Zoloft and reported it was helpful. He was found fit for duty but recommended for administrative separation. He completed a mental status evaluation (MSE) on 4 Dec 1995 and was found to meet retention standards IAW AR 40-501. He was reevaluation on 15 Mar 1996 and again cleared for administrative action. The second MSE was likely completed because a MSE must be conducted within 6 months of discharge. He completed a separation physical and met retention standards. A review of JLV indicates the applicant is deceased as of 19 Apr 2020. He had a service connected disability rating of 80% with 10% for osteomalacia (X2) and 10% for limited motion of ankle (X2). He received an initial rating for PTSD effective 29 Dec 2003 which was increased to 70% effective 19 Sept 2007. In accordance with the 3 Sep 2014 Secretary of Defense Liberal Guidance Memorandum and the 25 Aug 2017, Clarifying Guidance there is documentation to support a behavioral health diagnosis at the time of his discharge. The applicant met retention standards at the time of his discharge. Given the stigma associated with Personality Disorder diagnosis, recommend changing separation to 5-14, 
BOARD DISCUSSION: 
After reviewing the application and all supporting documents, 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 findings that a recommendation of changing the narrative reason for discharge to Other designated physical or mental conditions. which is consistent with a Chapter 5-14 discharge and changing the narrative reason. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
XX XXX XX 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 25 (Separation Authority) to read AR 636-200, PARA 5-14, and item 28 (Narrative Reason for Separation) to read -Other designated physical or mental conditions. 
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, U.S. Code, 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. Chapter 5, paragraph 13, contains the policy and outlines the procedures for separating individuals for personality disorder, and provides that a Soldier may be 


separated for personality disorder (not amounting to disability) that interferes with assignment to or performance of duty. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnoses. Separation because of 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 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service, as it exists on the date of release from active duty or discharge. 

4. 
 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. 

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 type of court-martial.  However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. 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, 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. 


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