Applicant Name: ?????
Application Receipt Date: 2011/02/17 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, I wish to upgrade my reentry code from 3 to 2. It has been almost ten years since my discharge and I firmly believe that everything that rendered me unfit for military service and bars me from reenlistment has been cleared. I used to be a good Soldier until my own immaturity became a detriment to the Army and to myself as an individual. Almost a decade after my discharge, I have grown and done a lot of soul-searching to realize the errors of my previous ways. I have also realized that it would be in my best interest to serve my country again. As a military brat growing up, a career in the Army has always spoken to me. But, when given the chance to fulfill what I believed to be my patriotic duty, I failed. As a result, I have been left with a feeling of extreme regret as a failure to the branch, my country, and to my family. There is nothing I would rather do right now than to raise my hand in salute in uniform again. So, I ask of you, would you please grant the opportunity to not only become a good solder, but a better one? Thank you very much for your consideration.
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: Date: 010516
Discharge Received: Date: 010721 Chapter: 5-13 AR: 635-200
Reason: Personality Disorder RE: SPD: JFX Unit/Location: C Company, 307th Signal Battalion, APO AP 96260
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 000712 Current ENL Term: 4 Years ?????
Current ENL Service: 1 Yrs, 0 Mos, 10 Days ?????
Total Service: 1 Yrs, 0 Mos, 10 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 31R10 Multi Channel Systems Operator GT: 120 EDU: HS Grad Overseas: Korea Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: Atlanta, GA
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 16 May 2001, the applicant was diagnosed by competent medical authority with Adjustment Disorder with Mixed Anxiety and Depressed Mood, Depressive Disorder Not Otherwise Specified (EPTS), Occupational Problem, Stuttering, Personality Disorder Not Otherwise Specified (NOS) (Borderline, Dependent and Narcissistic Traits Prominent), and Pes Planus.
On 29 June 2001, 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 medically qualified psychiatrist as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army. Additionally, it was also concluded that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful or unlikely. The unit commander recommended an honorable discharge. He was advised of his rights.
On 29 June 2001 the applicant waived consultation with legal counsel and 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.
On 2 July 2001, the separation authority directed the applicants discharge 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. 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:
After a careful review of all the applicants military records during the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.
The analyst noted the applicant was diagnosed by competent medical authority with an Adjustment Disorder with Mixed Anxiety and Depressed Mood, Depressive Disorder Not Otherwise Specified (EPTS), Occupational Problem, Stuttering, Personality Disorder Not Otherwise Specified (NOS) (Borderline, Dependent and Narcissistic Traits Prominent), and Pes Planus. The unit commander properly initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a characterization of service of honorable.
The analyst noted the applicants issue of rejoining the military and having matured; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3. If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.
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: 28 September 2011 Location: Washington, D. C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: None
Exhibits Submitted: DD Form 293 with a self-authored statement, letter from R. D., Ph.D., discharge orders and a DD Form 214.
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change NA No change NA
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. 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 Code:
Grade Restoration: No Yes Grade: NA
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 AR20110003346
______________________________________________________________________________
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