Upgrade.Vet

ARMY | DRB | CY2001 | 2001060529

Original file (2001060529.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): 890928

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: 2 Years 19 Wks. (12-mos. ext.)
b. Entry date: 890127 (890505)
c. Age: 27 Years DOB: 610209
d. Educational level: GED
e. Aptitude area score:
         GT: 122 3. Highest grade achieved:
f. Length of Service: E2
0 Year(s) 8 Month(s) 2 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 a qualified psychiatrist diagnosed the applicant with an adjustment disorder, depressed mood, severe. On 12 September 1989, 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. She was advised of her rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 14 September 1989, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.

         b. On 28 September 1989, the applicant was discharged. At the time of discharge, the applicant had completed 8 months, and 2 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 010702, with twelve (12) 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 5 September 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:

(2) Board Issue: 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 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.

(2) The issue is accepted. The Board carefully examined the applicant’s record of service during the period of enlistment under review and the documents accompanying her application. The evidence of record shows that competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood, severe, which interfered with her ability to perform her duties. Further, the examiner determined that her situational maladjustment was due to the stress of military duty, and problems in her marriage and her family life. In view of the foregoing, the Board found that the narrative reason for discharge was inequitable. Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority. This action also entails a change to the RE code.

(1) See Paragraph 3, below.

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

Inasmuch as the Board voted to grant full relief requested, response to the remaining issue is neither required nor rendered.

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


MR. RON WILLIAMS
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 5 September 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, Chapter 5, AR 635-200 .
( X )   Other (see remarks below).

Remarks: This action entails a change to the RE-Code to “1.”

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: 2001060529 INDEX NUMBERS: A9456
Date of Review: 010905 A1200
Character of Service: HD A9308
Date of Discharge: 890928 A9310
Authority: AR 635-200 C5 A0100
Reason: A4200
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

Similar Decisions

ARMY | DRB | CY1999 | 1999026177

Original file (1999026177.rtf) Auto-classification: Approved

Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY1999 | 1999027470

Original file (1999027470.rtf) Auto-classification: Denied

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: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 AR Number: 1999027470 INDEX NUMBERS: A9235 Date of Review: 990728 A9217 Character...
ARMY | DRB | CY1999 | 1999023559

Original file (1999023559.rtf) Auto-classification: Denied

The Board, being convinced that the reason of discharge and the characterization of service were both proper and equitable, voted to deny relief.3. 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:THOMAS J. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for...
ARMY | DRB | CY1999 | 1999023478

Original file (1999023478.rtf) Auto-classification: Denied

The Board noted that the reason for discharge was proper and equitable and voted not to change it.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS 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 AR Number: 1999023478 INDEX NUMBERS: A9321 Date of Review: 990324...
ARMY | DRB | CY1999 | 1999025246

Original file (1999025246.rtf) Auto-classification: Denied

The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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 AR Number: 1999025246...
ARMY | DRB | CY2001 | 2001060713

Original file (2001060713.rtf) Auto-classification: Denied

The applicant has submitted a DD Form 149 (Application for Correction of Military Records) with her application to this Board. 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:GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for review of...
ARMY | DRB | CY2000 | 2000037284

Original file (2000037284.rtf) Auto-classification: Denied

The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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. ALLEN Colonel, U.S. Army President, Army Discharge Review Board EXHIBITS: A - Application for...
ARMY | DRB | CY1999 | 1999026012

Original file (1999026012.rtf) Auto-classification: Denied

The Army Discharge Review Board cannot change the applicant’s reentry eligibility (RE) code. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE 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 AR Number: 199902612 INDEX NUMBERS: A9217 Date of Review: 990609 A9201 Character...
ARMY | DRB | CY2003 | AR2003095625

Original file (AR2003095625.doc) Auto-classification: Approved

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. On 28 June 1993, the separation authority directed that the applicant be discharged with a characterization of service of honorable. SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S....
ARMY | DRB | CY2001 | 2001052669

Original file (2001052669.rtf) Auto-classification: Denied

The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and did not submit a statement in his 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 case report and directive. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case...

Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001060529

Similar Decisions