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ARMY | DRB | CY2001 | 2001057340

Original file (2001057340.rtf) Auto-classification: Approved

PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 991004

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

         b. Reason: Personality Disorder

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           ASR
a. Period entered for: 4 Years C/Ach (1)
b. Entry date: 960814 C/A
c. Age: 24 Years DOB: 720507
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 128 3. Highest grade achieved:
f. Length of Service: E4
3 Year(s) 1 Month(s) 21 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. Evidence of record shows that on 6 August 1999, the applicant was diagnosed with a depressive disorder, NOS and a personality disorder NOS with narcissistic and antisocial features. On 13 August 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, by reason of personality disorder, with an honorable discharge. He was advised of his rights. The applicant consulted with legal counsel, 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, and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 24 August 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.

         b. On 4 October 1999, the applicant was discharged. At the time of discharge, the applicant had completed 3 years, 1 month, and 21 days of active military service.

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 010509, with eighteen (18) 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, DC on 1 August 2001 .

         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:
         ( X )   Additional issue(s) identified during review/hearing as follows:

Board Issue: (2) The narrative reason for discharge is inequitable.

         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 parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(1) The issue is rejected. See response to Issue (2), below.

         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.

(2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review. The evidence in the applicant’s record shows in April 1999 the applicant was initially diagnosed with an adjustment disorder/occupational problem and was recommended for continued counseling and treatment. In May 1999, the evidence shows that the applicant had completed 3 months of treatment for post-traumatic stress disorder (PTSD) due to recurrent and intrusive distressing recollections of a traumatic childhood event. At this time, the clinical psychologist indicated that he did not meet the criteria for a personality disorder and recommended that he be discharged under the provisions of Chapter 5-18, AR 635-200, by reason of “other designated physical or mental disorder.” As a rehabilitative effort, the applicant’s command chose to retain him for further counseling. In August 1999, the applicant’s command initiated separation action under the provisions of Chapter 5-13, AR 635-200, and he underwent another mental examination. This mental examination provided a diagnosis of a depressive disorder and a personality disorder, and the applicant’s command directed his separation for a personality disorder. Given the above, the Board determined that the applicant’s command should have initiated the applicant’s separation under the provisions of Chapter 5-18, AR 635-200, based upon the initial diagnoses of PTSD and an adjustment disorder/occupational problem. It appears that the applicant never presented a primary diagnosis of a personality disorder. Accordingly, the Board found the narrative reason for discharge inequitable and voted to change it to Secretarial Authority. This action does not include a change in RE code.

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

The applicant’s issue regarding his rank is not within the purview of this Board. He should address this issue to the Army Board for Correction of Military Records (ABCMR). This Board noted that the applicant has included with his request to the ADRB a DD Form 149 (i.e., application to the ABCMR). Accordingly, his records will be forwarded to that board.

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                       .

         ( )      Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( X )    Inequitable as to reason. Change reason to Secretarial Authority
                  under Chapter 5, AR 635-200 .
         ( )      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 5 0
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


Ms. McKim-Spilker
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 3 August 2001

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change reason and authority for discharge to
        Secretarial Authority, AR 635-200 .
( X )   Other (see remarks below).

Remarks: This action does not entail a change in RE Code .

SECTION B - CERTIFICATION

Approval Authority:

GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:

EARNEST C. SMITH, JR.
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: 2001057340 INDEX NUMBERS: A9456
Date of Review: 010801 A1200
Character of Service: HD
Date of Discharge: 991004
Authority: AR 635-200 C5
Reason: A8600
Results of Board Action/
Vote/Affirmation: MD 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.      PO X         X

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ARMY | DRB | CY2001 | 2001057340

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