Applicant Name: ????? Application Receipt Date: 2012/05/23 Prior Review: Prior Review Date: 2012/04/09 I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests his narrative reason for separation be changed to Secretarial Authority. He contends he did not have a personality disorder at the time of discharge. 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: NIF Date: NIF Discharge Received: Date: 040202 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: 511th MP Company, Fort Drum, NY 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: 020621 Current ENL Term: 04 Years ????? Current ENL Service: 01 Yrs, 07 Mos, 12 Days ????? Total Service: 01 Yrs, 07 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 63B10/Light Wheeled Vehicle Mechanic GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: Associates Degree VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His DD Form 214, indicates he was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder, with a general, under honorable conditions discharge. Furthermore, the DD Form 214, shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3. On 9 April 2012 the applicant's characterization of service was upgraded to honorable by the Army Discharge Review Board. b. Legal Basis for Separation: Army Regulation 635-200, in effect at the time, 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: The applicant requested a change to the narrative reason for separation. However, the narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, in effect at the time. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX," and the reentry code is "RE 3." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation. Also, the analyst noted the applicant's contention that he did not have a personality disorder at the time of discharge. However, the applicant would have been diagnosed by competent medical authority with a personality disorder and recommended for administrative separation under the provisions of Chapter 5, paragraph 5-13, AR 635-200. The unit commander would then notify the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder. Moreover, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contention. There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was wrongfully diagnosed. Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. In view of the foregoing, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 6 August 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: yes [ redacted ] Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated, 18 May 2012, Discharge Review Boards case report and directive dated, 18 April 2012. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision Board Vote: Character - Change NA No change NA Reason - Change 1 No change 4 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA 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 AR20120010469 ______________________________________________________________________________ Page 3 of 3 pages