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ARMY | DRB | CY1997 | 199700243
Original file (199700243.rtf) Auto-classification: Denied
                                    CASE NO: AD97-00243
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): 930531

3. Authority for separation:

         a. Regulation: NGR 600-5

          b. Reason:       Unsatisfactory Performance (Separation for Cause)
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: 1 Type
b. Entry date: 850319 ARCOM
c. Age: 35 Years DOB: 491111 ARCAM
d. Educational level: HS Grad AAM
e. Aptitude area scores: ( X ) NIF/NA NDSM
         GT: 125 ASR
f. Actual creditable service: 8 Years
2 Months 12 Days 3. Highest grade achieved:
Grade
E7

4. Performance evaluations:
( X ) NONE

                                             CASE NO: AD97-00243
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

 1. Other discharge(s):

         Service Type
USAF HD
 USAFR NA
NGR NA





         CASE NO: AD97-00243
PART IV - PREHEARING REVIEW
SECTION A - Analyst's Assessment

1. Summary of facts and circumstances concerning discharge:
921218: Unit commander notified the applicant of initiation of separation
action under the provisions of Chapters 6, 7 and 12, AR 135-178, for
unsatisfactory performance (separation for cause). He was advised of
his rights.
930531: Applicant was discharged.

 2. Issue(s) of propriety and/or equity on DD Form 293 or incorporated by reference:
         See attached DD Form 293.
3. Exhibit(s) submitted:

         A-1: DD Form 293, dated 950420.
B-1: DD Form 293, with twenty-eight (28) enclosures as submitted by the
applicant.

PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion

         Referred to ( X ) Medical Advisor ( ) Legal Advisor
         The applicant began to get into trouble with civilian authorities and fellow soldiers while serving as a recruiter for the Army in an AGR status. He reported himself to the outpatient mental health facility at March Air Force Base where he received a sympathetic reception from the clinical psychologist. The diagnosis offered was that of a psychotic condition, major depressive episode, which could result in a medical separation if not resolved. He was referred to the hospital at Fort Ord for psychiatric evaluation where he evidently failed to get along with any of the personnel, physicians included, and it was felt that his major depressive episode, previously diagnosed, had resolved. Instead, after researching his past activities, a long-standing inability to get along with fellow soldiers was traced and the diagnosis was that of a personality disorder, not a psychosis, and therefore not eligible for separation. It is noted that the medical personnel at Fort Ord used very strong language to express their opinions. The applicant returned to March Air Force Base and got the psychologist and a psychiatrist to state their opinions in strong language(depressive disorder, recurrent) and list their credentials. We have a contest of wills between medical examiners in action, between the Army and the Air Force about a personnel who had previously served in the Air Force. All kinds of personalities involved. Independent evaluation was warranted, and it was obtained. The applicant was evaluated at Vandenburg Air Force Base as an inpatient and diagnosed as a personality disorder (no medical retirement). Subsequently, the applicant was evaluated at great length at Madigan as an inpatient, and the diagnosis agreed with the Air Force inpatient diagnosis, personality disorder. The Air Force personnel at March AFB didn’t give up, as they continued to see the applicant as an outpatient and offer opinions. Inpatient evaluations, especially in psychiatry, are always more conclusive and more accurate than outpatient. Therefore, the resolution of this issue must favor the personality disorder diagnosis. So, the Army initiated separation proceedings after it was plainly stated by the inpatient physicians that the applicant could differentiate between right and wrong and participate in

         CASE NO: AD97-00243
PART IV - PREHEARING REVIEW
SECTION B - Medical and/or Legal Advisory Opinion - Continued


separation procedures. He was given a general discharge for unsatisfactory performance. Now back in the California Army National Guard, he was separated because of medical reasons, the specific reason being given as AR 40-501, 3-31. This section is “disorders with psychotic features”. More exactly, he needed limitations of duty where he could not have access to weapons. While not medically disabled, he was restricted in duty performance and deserving of the honorable discharge he received from the CANG. I hope this helps clarify the medical aspects of this rather complex case.
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: AD97-00243
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: ( X ) 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 parenthetical numbers below corresponds to the issue numbers on the DD Form 293, or in Part VI, Paragraph 1, above.
(1) The issue is rejected. The record shows the applicant was involuntarily separated for cause from his AGR tour on May 31 1993 with a under honorable conditions discharge. Then on June 1 1994 he received an honorable discharge from the California National Guard. This was clearly two separate periods of service. In reference to the May 31 1993, separation , the Board found no evidence of arbitrary or capricious actions by the command. The Board 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, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

(2, 3) The issues are rejected. The actions requested by the applicant are not in the purview of the ADRB. The applicant should complete a DD Form 149 and send it to the proper address as indicated on the form to attempt relief on these matters.



 3. Response to item(s) not addressed as decisional issue(s): ( X ) NA

                            CASE NO: AD97-00243
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: AD97-00243
PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       


                                 
LTC PHILLIPS
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:

AD9700243 970328 HD 939531 NGR 600-5 A8400 NC 5-0 A
1 10 11 12 18 20 26 41 46 49 52

A9217 A0113 A9447 A9445
53 58 63 68

                           CASE NO: AD97-00243


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. LTC WHISKER, JILL Mbr      X          X    

5. COL MELCHIOR, ROBERT PO      X          X    




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