Search Decisions

Decision Text

ARMY | DRB | CY1999 | 1999023559
Original file (1999023559.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: UNCHAR

2. Date of discharge (or REFRAD): 931027

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

          b. Reason: Personality Disorderly
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 4 Years
b. Entry date: 930818
c. Age: 18 Years DOB: 750518
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 99 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 2 Month(s) 10 Day(s)

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record shows that on 14 October 1993, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, personality disorderly, with an entry level separation discharge. She was advised of her rights. The applicant declined legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf. The unit commander subsequently recommended approval of the discharge action and forwarded it through command channels to the separation authority. The intermediate commander reviewed the proposed discharge action and recommended approval. On 20 October 1993, the separation authority directed that the applicant be discharged with an uncharacterized discharge.

         b. On 27 October 1993, the applicant was discharged with an uncharacterized discharge, under the provisions of Chapter 5, AR 635-200, by reason of personality disorderly. She was credited with 2 months, and 10 days active service on the enlistment under review.

         c. On 6 October 1993 the applicant was diagnosed, by competent medical authority, with a "Borderline Personality Disorder." That medical authority recommended that the applicant be removed from training immediately, put under no further physical or verbal stress, and that separation under the provisions of Chapter 5, paragraph 5-13, AR 635-200 be accomplished. Based on the aforementioned her unit commander initiated the separation action.

2. Legal/Regulatory Basis for Separation Action : 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 soldiers 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 cases.
SECTION B-APPLICANT’S SUBMISSIONS


 1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.
2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 990123, with one (1) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington, D.C . on 14 April 1999 .

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

          e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

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 of this case report and directive.
         ( )     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 number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1), (2), (3), and (4) The issues are rejected. The Board acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in her application and/or in the document with her application. Additionally, the Board noted the applicant's desire for an upgrade of her discharge so that she may pursue a career in law enforcement. However, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. The evidence of record indicates that the applicant was diagnosed, by competent medical authority, with a personality disorder and processed for discharge under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder with service uncharacterized. Uncharacterized service simply means that the soldier was in an entry-level status, i.e., in an initial probationary period of service. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty. The Board, being convinced that the reason of discharge and the characterization of service were both proper and equitable, voted to deny relief.

 3. Response(s) to item(s) not addressed as decisional issue(s): NONE
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: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. RIVERA
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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

INDEX RECORD:

 AR Number: 1999023559 INDEX NUMBERS: A4201
Date of Review: 990414 A9217
Character of Service: EL A0101
Date of Discharge: 931027
Authority: AR 635-200 C5
Reason: A4200
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR

1.      Mbr      X          X    
2.      Mbr      X          X    
3.      Mbr      X          X    
4.      Mbr      X          X    
5.      Mbr      X          X    

Similar Decisions

  • ARMY | DRB | CY2000 | 2000048652

    Original file (2000048652.rtf) Auto-classification: Denied

    On 26 August 1994, the applicant consulted with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of her case by an administrative separation board contingent upon her receiving a characterization of service no less favorable than a general, under honorable conditions discharge and submitted a statement in her own behalf. Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this...

  • ARMY | DRB | CY2000 | 2000040728

    Original file (2000040728.rtf) Auto-classification: Approved

    Accordingly, the Board voted to change the narrative reason for separation to secretarial authority. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 16 June 2000 The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as...

  • ARMY | DRB | CY2003 | 2003083802

    Original file (2003083802.rtf) Auto-classification: Denied

    PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2003083802 INDEX NUMBERS: A0113 Date of Review: 030514...

  • ARMY | DRB | CY1999 | 1999024642

    Original file (1999024642.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990122. The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J....

  • ARMY | DRB | CY1998 | 1998014364

    Original file (1998014364.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 981215. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRAINCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant

  • ARMY | DRB | CY2003 | 2003089278

    Original file (2003089278.rtf) Auto-classification: Denied

    The Board determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable characterization of service. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RIVERA Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board ...

  • ARMY | DRB | CY2000 | 2000039433

    Original file (2000039433.rtf) Auto-classification: Denied

    Based on the evidence of record and the applicant’s request for review, the Board considered the aforementioned discharge, and being convinced that the characterization of service and the reason for discharge were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION...

  • ARMY | DRB | CY2003 | 2003087346

    Original file (2003087346.rtf) Auto-classification: Approved

    The Board noted that the separating authority approved the applicant’s discharge under the provisions of AR 635-200, Chapter 5-13, by reason of a personality disorder with an honorable discharge. During the processing of her discharge, the characterization of service was inadvertently changed to “uncharacterized.” Given that the separating authority approved an honorable discharge, the Board determined that the characterization of service was inequitable. PART VII - BOARD ACTIONSECTION B -...

  • ARMY | DRB | CY2001 | 2001058541

    Original file (2001058541.rtf) Auto-classification: Denied

    Applicant's issue(s) of propriety and/or equity: ( X ) Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive. The evidence of record shows that the applicant was separated while in entry level status (i.e., first 180 days of continuous active service) by reason of a personality disorder with an uncharacterized discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case...

  • ARMY | DRB | CY2001 | 2001058367

    Original file (2001058367.rtf) Auto-classification: Approved

    Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001058367 INDEX NUMBERS: A9456 Date of Review: 010809 A1200 Character of Service: HD Date of Discharge: 960116 Authority: AR 635-200 C5 Reason: A1500 Results of Board Action/ Vote/Affirmation: MD 4-1 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.