Applicant Name:  ?????

Application Receipt Date: 2011/02/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I have documented service connected PTSD.  I did not have a personality disorder. I would like my discharge to reflect my service connected disability.  I was not screened for PTSD. I was exhibiting the symptoms and the psychologist said this way (of discharging me through a personality disorder) would be easier for paperwork.  A VA appointed psychiatrist diagnosed me with service connected PTSD and I have been awarded a 50% disability rating.  Please note the multiple highlights in the disability rating decision document stating that the medical opinion is that my PTSD is service connected.  My full records seem not to have made it back with me from Afghanistan so I've included what the regional office has.  I also included one document (report of mental health) that I saved which was the sole document stating that the psychologist felt I had a personality disorder.  This includes all the documents I have been able to obtain after more than a year of 3 attempts at requesting my records.  None of my records seem to reflect my service in Afghanistan either though VA was able to verify the service through the Veterans Information Service. I have included an LES I saved that documents combat pay during that period.  Please accept the attached documents as sufficient evidence on the basis that the VA also did a thorough investigation before giving me a service connected disability rating.  I have never had a personality disorder and would instead like my DD214 to reflect my service connected disability.  I only realized my symptoms were PTSD related when I started reading stories of thousands of other soldiers (sic) who were being discharged with personality disorders instead of PTSD.  I filed a claim and confirmed the disability and now am attempting to correct my record." 

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 050517   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: Combat Support Company, 173rd Airborne Bde, APO AE 09630 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  25
Current ENL Date: 040521    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00  Yrs, 11  Mos, 27  Days ?????
Total Service:  		02  Yrs, 01  Mos, 27  Days ?????
Previous Discharges: 	ARNG-020716-020819/NA
                                       IADT-020820-021031/NA
                                       ARNG-011101-030915/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 91W10 Health Care Spec   GT: 130   EDU: College Grad   Overseas: Italy/specific location of combat not in file   Combat: (specific dates not in file)
Decorations/Awards: NDSM, GWOTSM, ASR


V.  Post-Discharge Activity
City, State:   
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  
       
       His DD Form 214, indicates he 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.  Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3.  On 4 May 2005, Orders 124-006, DA, HQS, Vicenza Transition Center, APO AE, 09630, discharged the applicant from the Regular Army, effective date:  17 May 2005.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect at the time, 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.  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 applicant’s available military records during the period of enlistment under review, the issues and documents submitted with the application, 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 applicant’s record does not contain the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214, shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a fully honorable characterization of service.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       The applicant requested a change to the narrative reason for separation.  However, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, in effect at the time.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," the separation code is "JFX," and the reentry code is "RE 3."
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  
       The applicant contends he did not have a personality disorder and would like his discharge to reflect his service connected disability.  The applicant submitted a Mental Status Evaluation, which indicated he was diagnosed by competent medical authority with a personality disorder and was recommended for separation under provisions of Chapter 5, paragraph 5-13, AR 635-200.  However, the applicant's available record does not contain any evidence of in-service diagnosis of PTSD as indicated in the independent documentation from the Department of Veterans Affairs and the applicant did not submit any corroborating evidence of in-service diagnosis of PTSD or any related medical issues indicating the discharge was the result of a medical condition.   
       
       Further, the analyst acknowledges the independent documents (Department of Veterans Affairs), submitted with his application indicated that the applicant was diagnosed with PTSD, determined to be service connected and rated as 50% disabling; he also submitted a LES that showed he received hostile fire pay/imminent danger pay for the period 1-30 April 2005.     
       
       There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced sufficient evidence, to support the contention that he was incorrectly diagnosed with a personality disorder.   
       
       Furthermore, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the DD Form 214, the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 30 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (120218); Department of Veterans Affairs, Rating Decision, five (5) pages, dated (110823); DA Form 2808 (Report of Medical Examination), four (4) pages, dated (030129); DA Form 2173 (Statement of Medical Examination and Duty Status), dated (040917); DA Form 3822-R (Report of Mental Status Evaluation), date illegible; and DFAS Form 702, Military Leave and Earnings Statement (LES) (050430).  

VIII.  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 to deny relief.







        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????


























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 AR20120003159
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