Applicant Name: ????? Application Receipt Date: 2008/05/20 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 149 submitted by the applicant II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 060608 Discharge Received: Date: 060724 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: HHC, 1st BN, 1st AVA Reg, 21st Cav BDE, Ft Hood, TX Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 050421 Current ENL Term: 4 Years ????? Current ENL Service: 1 Yrs, 03Mos, 04Days ????? Total Service: 1 Yrs, 03Mos, 04Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 89B10 Ammunition Spec GT: 99 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 May 2006, the applicant was diagnosed with an occupational problem and personality disorder. On 8 June 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 personality disorder, and as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with her being able to adequately serve in the U.S. Army. It was also concluded that efforts to rehabilitate or develop her into a satisfactory member of the military would be unsuccessful or unlikely. The unit commander recommended an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action, and did not submit a statement in her 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 an honorable discharge. On 28 June 2006, the separation authority directed that the applicant be discharged with a characterization of service of fully honorable. 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 and the issue she submitted, the analyst determined that the characterization of service is improper. The analyst noted that the applicant was discharged under the provisions of chapter 5-13, AR 635-200, by reason of a personality disorder with a honorable discharge. However, Army Regulation 635-200, Chapter 5, paragraph 5-13a, states that the diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the DOD components. 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, reason changed to Secretarial Authority and a RE Code to 1. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 March 2009 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 narrative reason for discharge was and is improper. The evidence of record shows that the applicant's diagnosis was not established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the DOD components. Accordingly, the Board voted to grant relief in the form of a change to the narrative reason for separation to Secretarial Authority and the RE Code to 1. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: Secretarial Authority under Provision of Chapter 5, AR 635-200, with a corresponding SDP Code of "JFF: (Involuntary Discharge). Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080008099 ______________________________________________________________________________ Page 3 of 3 pages