BOARD DATE:	  7 July 2011

		DOCKET NUMBER:  AR20110000391 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of:

* items 12a (Date Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* item 24 (Character of Service) of his DD Form 214 to show honorable
	
2.  The applicant states:

* His service was from 13 February 2008 to 9 September 2008
* His discharge should be honorable due to his short service and nervous condition

3.  The applicant provides:

* his active duty orders
* his DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 26 January 2008 for a period of 6 years.  He provided orders, dated 12 February 2008, which show he was ordered to active duty for training on 13 February 2008 for a period of approximately 18 weeks for completion of English language training.

2.  His psychiatric evaluation is not available for review.  However, his Army Discharge Review Board proceedings in Case Number AR20090012243, dated 14 April 2010, state "on 8 August 2008 the applicant was diagnosed by competent medical authorities with a disorder of Axis I:  Occupational Problem and Axis II: Personality Disorder Not Otherwise Specified."

3.  Discharge proceedings under the provisions of Army Regulation 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), paragraph 5-13, for personality disorder were initiated on 14 August 2008.  He consulted with counsel.  On 28 August 2008, the separation authority approved the recommendation and directed the applicant's discharge with service as uncharacterized.

4.  On 9 September 2008, he was accordingly discharged under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder.  His
DD Form 214 issued at the time shows in:

* Item 12a the entry "2008  06  13" [13 June 2008]
* Item 12b (Separation Date This Period) the entry "2008  09  09"
[9 September 2008]
* Item 12c the entry "0000  02  27" [2 months and 27 days]
* Item 24 the entry "UNCHARACTERIZED"

5.  His retirement points detail statement shows he was ordered to active duty for training from 13 February 2008 through 9 September 2008.

6.  The Defense Finance and Accounting Service (DFAS) confirms the applicant's record shows he was on active duty from 13 February 2008 through
9 September 2008.

7.  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 a personality disorder, not amounting to a disability under Army Regulation
635-40 (Physical Evaluation for Retention, Retirement, or Separation), 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 diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.



8.  Army Regulation 135-178 (Army National Guard and Army Reserve Enlisted Administrative Separations) states that a separation will be described as an entry level separation with service uncharacterized if processing is initiated while a Soldier is in entry level status.  Entry level status is defined as the first 180 days of continuous active duty.  The regulation states for the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings.

9.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation states that for item 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states that for:

   a.  item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;

   b.  item 12b, enter the Soldier’s transition date; and

   c.  item 12c, enter the amount of service this period by subtracting item 12a from 12b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he entered active duty on 13 February 2008 and he provided active duty orders to support this contention.  His retirement points detail statement also shows he was ordered to active duty for training from 
13 February 2008 through 9 September 2008, for a period of 6 months and 
26 days.  Therefore, items 12a and 12c of his DD Form 214 should be amended accordingly.
2.  The governing regulation states a separation will be described as an entry level separation with service uncharacterized if processing is initiated during a Soldier's first 180 days of active service.  However, since he entered active duty on 13 February 2008 he was not in an entry level status (first 180 days of continuous active duty) when his discharge proceedings were initiated on 
14 August 2008.  Therefore, it would be equitable to change his character of service to honorable.

BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12a of his DD Form 214 the entry "2008  06  13" and replacing it with the entry "2008  02  13"; 

	b.  deleting from item 12c of this DD Form 214 the entry "0000  02  27" and replacing it with the entry "0000  06  26"; and 

	c.  deleting the entry in item 24 of this DD Form 214 and replacing it with the entry "HONORABLE."  




      _________x______________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20110000391



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ABCMR Record of Proceedings (cont)                                         AR20110000391



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