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ARMY | DRB | CY1997 | 199700235
Original file (199700235.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00235
PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Type of discharge (or characterization of service): HD

2. Date of discharge (or REFRAD): 960205

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason:       Personality Disorder
4. Prior review(s): ( X ) NONE
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:

a. Period entered for: 3 Years 17 Weeks Type
b. Entry date: 950420 NDSM
c. Age: 20 Years DOB: 750212 ASR
d. Educational level: HS Grad
e. Aptitude area scores: ( X ) NIF/NA
          GT: 116 3. Highest grade achieved:
f. Actual creditable service: 0 Years
9 Months 16 Days Grade
E2

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00235
PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: ( X ) NONE


6. Nonjudicial punishment: ( X ) NONE

7. Court-Martial data: ( X ) NONE
         

8.       Remarks: ( X ) NONE
SECTION B - Other Service Data
( X ) NONE

         CASE NO: AD97-00235
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
960129: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapter 5, AR 635-200, for personality
disorder. He was advised of his rights.
960130: DA, HQ 101st Airborne Division (Air Assault) and Fort Campbell, Fort
Campbell, KY, Orders 030-0017, discharged applicant from the Regular
Army.
960205: Applicant signed DD Form 214, indicating the following facts:
Character of service is an honorable discharge under the provisions of
Chapter 5, AR 635-200, for personality disorder.
960205: Applicant was discharged.

2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         ( X ) NONE

 3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 961028.



PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion
( X ) NONE
PART V - SUMMARY OF REVIEW HEARING


         a. Applicant testified: ( ) Yes ( X ) No

        
         b. Witness(es) testified: ( ) Yes ( X ) No
        

2. Exhibit(s) submitted at hearing: ( X ) NONE

                                    CASE NO: AD97-00235
PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:
         ( X )   Same as those listed on DD Form 293 and Part IV, Section A, Paragraph 2.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         

b. Request: ( ) Recharacterization ( X ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

        b. Equity: The applicant has not submitted an issue of equity and the ADRB
has not otherwise relied upon an issue of equity to change the
discharge. The major factors upon which the discharge was based
are set forth in Parts III and IV of this decisional document.


 3. Response to item(s) not addressed as decisional issue(s):
Based on the evidence of record, the applicant was separated under the provisions of AR 635-200, Chapter 5-13, Personality Disorder. The Board noted that the applicant was diagnosed by competent medical authority as having a personality disorder under the meaning of Chapter 5-13 and the Diagnostic and Statistical Manual IV (DSM-IV). The applicant, having been properly advised by his unit commander of his intention to separate him under this condition, acknowledged this action and submitted no matters in his own behalf. The Board found no evidence of arbitrary or capricious actions by the command and 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 Board was satisfied that the reason for discharge was proper and equitable and to change it would be inappropriate.

                           CASE NO: AD97-00235
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .
         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                        
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: CPCD
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: ( X ) NA

                                     CASE NO: AD97-00235
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
COL MELCHIOR
Post Hearing Reviewer   


PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
(X) NONE
SECTION B - CERTIFICATION


Approval Authority:

EL CARTIO BARNES
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SHERRY HILL SARGENT
Major, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
 A - Application for review of discharge C - Other
B - Material submitted by applicant     
       

INDEX RECORD:

AD9700235 970418 HD 960205 AR635-200 C5 A8600 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A0113 A0100 A9500
53 58 63

                           CASE NO: AD97-00235
PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1. MAJ WYRICK, JIMMY Mbr      X          X    

2. LTC PHILLIPS, JOHN Mbr      X          X    

3. LTC SMITH, LILLIAN Mbr      X          X    

4. COL WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT                  PO      X          X    








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