Applicant Name: ????? Application Receipt Date: 2012/05/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is requesting the narrative reason for his discharge to be changed. He was diagnosed with PTSD immediately after his discharge by the VA. He was discharged from active duty with PTSD and was told it was done because it was easier. He was previously unaware that his narrative reason for discharge could be changed. 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: 031215 Discharge Received: Date: 040211 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 15th Infantry, 3d Brigade, 3rd Infantry Division (Mechanized), Fort Benning, Georgia 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: 18 Current ENL Date: 010927 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 4 Mos, 15 Days ????? Total Service: 2 Yrs, 4 Mos, 15 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 102 EDU: HS Grad Overseas: SWA Combat: Kuwait (020318 - 021202) Kuwait/Iraq (030109 - 030718) Decorations/Awards: NDSM, AFEM, ASR, PUC, CIB V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: he evidence of record shows that on 21 October 2003 , the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed mood, and with a personality disorder not otherwise specified with Cluster B Traits. On 15 December 2003, 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, diagnosed by a medically qualified psychiatrist as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army. It was also concluded that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful or unlikely. The unit commander recommended an honorable discharge. He was advised of his rights. On 17 December 2003, the applicant consulted with legal counsel and was advised of the impact of the discharge action, and did not submit 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 an honorable discharge. On 7 January 2004, the separation authority directed the applicant's discharge with a characterization of service of 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. Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 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 and documents she submitted, the analyst found several mitigating factors which would merit a change to the applicant’s narrative reason for the discharge. The analyst noted the applicant was discharged for being diagnosed by competent medical authority with depression and borderline personality disorder with an honorable characterization of service. The current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service, as of the date the separation proceedings are initiated. The record shows that the applicant had over 24 months of active duty service at the time of notification, had been deployed to Iraq on two separate occasions and did not have any incidents of misconduct. Further, paragraph 5-17, AR 635-200 (17 December 2009), now stipulates that Soldiers with 24 months or more of active duty service may be separated under paragraph 5-17 based on a diagnosis of personality disorder. In view of the foregoing, the analyst recommends to the board that the narrative reason for the applicant’s separation is now inequitable based on the current standard as regulations currently in effect list the reason for the applicant’s discharge as “condition, not a disability.” Accordingly, the analyst recommends to the Board that the separation authority be changed to read “AR 635-200, paragraph 5-17,” the narrative reason for separation be changed to read "Condition, Not a Disability,” with a corresponding separation code of "JFV." VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: ????? Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 and a DD Form 214. 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 the discharge is now inequitable. The Board determined that the current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service as of the date the separation proceedings are initiated. The Board noted that the applicant had over 24 months of active duty service at the time of notification. Further, paragraph 5-17, AR 635-200 (current), now stipulates that Soldiers with 24 months or more of active duty service may be separated under this paragraph (5-17), based on a diagnosis of personality disorder. In view of the foregoing, the Board voted and determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard and directed the issue of a new DD Form 214 changing the separation authority to read “AR 635-200, paragraph 5-17, the narrative reason for separation to read Condition, Not a Disability, and a corresponding separation code of JFV. IX. Board Decision Board Vote: Character - Change NA No change NA Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: Condition, Not a Disability Other: Change Separation Code to: JFV RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120009630 ______________________________________________________________________________ Page 1 of 4 pages