Search Decisions

Decision Text

AF | DRB | CY2007 | AR20070007802
Original file (AR20070007802.txt) Auto-classification: Denied
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.  Soldier’s 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 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 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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Similar Decisions

  • AF | DRB | CY2006 | AR20060016807

    Original file (AR20060016807.txt) Auto-classification: Denied

    Facts and Circumstances: Evidence of record shows that on 25 February 2005, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Adjustment Disorder with Mixed Anxiety and Depressed Mood; Axis II: Personality Disorder Not Otherwise Specified with Cluster B Traits. 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...

  • ARMY | DRB | CY2006 | AR20060008874

    Original file (AR20060008874.txt) Auto-classification: Denied

    The unit commander subsequently recommended separation under provisions of Chapter 5-13, AR 635-200 by reason of a personality disorder with honorable service. 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 discharge was both proper and equitable and voted not to change it. Certification...

  • ARMY | DRB | CY2008 | AR20080013737

    Original file (AR20080013737.txt) Auto-classification: Denied

    The separation authority directed that the applicant be discharged with a characterization of service of fully honorable. Furthermore, the analyst noted the applicant's issue; however, the narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder" and the separation code is "JFX." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE...

  • ARMY | DRB | CY2006 | AR20060010975

    Original file (AR20060010975.txt) Auto-classification: Denied

    The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. 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 both proper and equitable and voted not to change it. Certification...

  • ARMY | DRB | CY2006 | AR20060010495

    Original file (AR20060010495.txt) Auto-classification: Denied

    Facts, Circumstances, and Legal Basis for Separation a. However, the applicant’s DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200 by reason of personality disorder, with an honorable characterization of service. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI.

  • ARMY | DRB | CY2007 | AR20070011791

    Original file (AR20070011791.txt) Auto-classification: Denied

    On 9 February 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, by reason of physical condition, not a disability with a honorable discharge for being diagnosed as experiencing an adjustment disorder, unspecified and represents a psychiatric condition. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. The narrative reason specified by...

  • ARMY | DRB | CY2007 | AR20070010433

    Original file (AR20070010433.txt) Auto-classification: Denied

    Applicant Name: ????? Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and documents submitted by the applicant. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge.

  • ARMY | DRB | CY2007 | AR20070019019

    Original file (AR20070019019.txt) Auto-classification: Denied

    Applicant Name: ????? The unit commander subsequently recommended separation from the service under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a personality disorder, with service uncharacterized. Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when her separation is initiated while the Soldier is in entry-level status.

  • ARMY | DRB | CY2009 | AR20090008173

    Original file (AR20090008173.txt) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for personality disorder, with service uncharacterized. There is no provision for any other reason to be entered under this regulation Further, notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 5-17. Board...

  • ARMY | DRB | CY2008 | AR20080015863

    Original file (AR20080015863.txt) Auto-classification: Denied

    Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, for personality disorder, with a character of service as honorable. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation Because of Personality Disorder", and the separation code is "LFX." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other:...