Application Receipt Date: 070830	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's attached DD Form 293.

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: 060630
Discharge Received:     Date: 060810   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 22d Infantry Regiment, Camp Liberty, Iraq, APO AE 09344 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060505/Disrespectful in deportment towards a nocommissioned officer (SFC) on or about (060411), derelict in the performance of his duties on (060411), and making a false official statement to the 1SG on or about (060310)/(Company Grade). A continuation sheet of a second Article 15 was found in the applicant's available records, no first page of that document was found.  However, the unit commander's recommendation memorandum does make reference to the applicant receiving a Field Grade Article 15 on (060623) for disrespect in deportment towards several noncommissioned officers, numerous disobeying orders from noncommissioned officers, numerous disrespect in language towards noncommissioned officers, and for using a provoking gesture towards the 1SG.

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  
Current ENL Date: 041026    Current ENL Term: 03 Years  18 Weeks
Current ENL Service: 01 Yrs, 09Mos, 15Days ?????
Total Service:  01 Yrs, 09Mos, 15Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 13F10 (Fire Support Specialist)   GT: 125   EDU: NIF   Overseas: Southwest Asia   Combat: Iraq (051213-060726)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR
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 29 June 2006, the applicant was diagnosed by competent medical authority with a disorder of Axis 1; no diagnosis, Axis II; schizotypal personality disorder, Axis III: none, Axis IV: occupational & relationship problems, Axis V: GAF=50 (Current), and recommended separation from the service under Chapter 5-13.  On 30 June 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-13, AR 635-200, by reason of personality disorder, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel, 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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 3 July 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      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, and the issue he submitted, the analyst noted that the applicant was evaluated by competent medical authority and diagnosed with a personality disorder (schizotypal personality disorder), and recommended that the applicant be immediately separated under the provisions of Chapter 5, Paragraph 5-13, AR 635-200 by reason of a personality disorder.  Army Regulation 635-200, Chapter 5, Paragraph 5-13 (h), indicates that the service of a Soldier separated under this provision will be characterized as honorable.  In view of the foregoing, the analyst determined that the characterization of service was and is improper.  Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.  
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing:  Date: 26 October 2007  Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

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 5    No change 0   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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 characterization of service was improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.

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: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 
CHRISTINE U. MARTINSON			DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE