Application Receipt Date: 070522
Prior Review Prior Review Date: 070117/Records Review
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
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: 020913
Discharge Received: Date: 021025
Chapter: 5-13 AR: 635-200
Reason: Personality Disorder
RE: SPD: JFX
Unit/Location: Headquarters and Headquarters Company, 22nd Signal Brigade, APO AE 09175
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB:
Current ENL Date: 000614 Current ENL Term: 04 Years ?????
Current ENL Service: 02 Yrs, 04Mos, 12Days ?????
Total Service: 02 Yrs, 04Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92A10 (Automated Logistical Specialist) GT: 85 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: NDSM, ASR, OSR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 24 June 2002, the applicant was diagnosed by competent medical authority with an adjustment disorder, depressed mood and borderline personality disorder. On 13 September 2002, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, by reason of personality disorder, with an honorable discharge. She was advised of her rights. The applicant waived legal counsel, 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 16 October 2002, 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 Soldiers 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 applicants military records for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case. The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed with a personality disorder. The unit commander subsequently recommended separation under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder, with an honorable characterization of service. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, if the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, the narrative reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 14 November 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: ?????
Witnesses/Observers: ?????
Exhibits Submitted: ?????
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 ????? No change ????? - Character
Change ????? No change ????? - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
?????
Case report reviewed and verified by: , Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: ?????
Other: ?????
RE Code:
Grade Restoration: No Yes Grade: ?????
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 16 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
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