Application Receipt Date: 071129 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 060729 Discharge Received: Date: 060918 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: Co B, 2nd Bde STB, Fort Bragg, NC Time Lost: None Article 15s (Charges/Dates/Punishment): 060501, wrongfully possessing paraphernalia to unlawfully ingest marijuana (060331), wrongfully used marijuana (060301-060331), reduction to E-2, $713 x 2 (suspended), restriction for 45 days, and extra duty for 45 days (FG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 830719 Current ENL Date: 030805 Current ENL Term: 5 Years ????? Current ENL Service: 03 Yrs, 01 Mos, 14 Days ????? Total Service: 03 Yrs, 01 Mos, 14 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 91B1P CI Agent GT: 122 EDU: HS Letter Overseas: Southwest Asia Combat: Iraq (041221-050629) Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, CAB V. Post-Discharge Activity Home of Record: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 30 June 2006, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Adjustment Disorder with Mixed Disturbance of Mood and Conduct; Axis II: Personality Disorder Not Otherwise Specified: Axi III: No Diagnosis. On 29 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a personality disorder, (he was diagnosed by a medically qualified psychiatrist with having a personality disorder, received a Field Grade Article 15 on (060501) for violation of Article 92 UCMJ, and violation of Article 112 UCMJ ), with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 28 August 2006, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 provides that a Soldier may be separated for personality disorder, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty. The regulation also directs that commanders will not take action prescribed in this chapter in lieu of disciplinary action; requires that the diagnosis concludes the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired; and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40. Army policy requires the award of a fully honorable discharge in such case. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review, the issue and documents that he submitted, the analyst determined that the characterization of service is improper. The analyst noted that the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a personality disorder. However, Army Regulation 635-200, Chapter 5, paragraph 5-13h, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section III. In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 February 2008 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 5 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 7 February 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070017712 Applicant Name: ______________________________________________________________________ Page 1 of 5 pages