Search Decisions

Decision Text

ARMY | DRB | CY2001 | 2001060713
Original file (2001060713.rtf) Auto-classification: Denied
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): 960112

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:
                            NDSM
a. Period entered for: 4 Years ASR
b. Entry date: 950105
c. Age: 23 Years DOB: 711124
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 109 3. Highest grade achieved:
f. Length of Service: E3
1 Year(s) 0 Month(s) 8 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 2 December 1995 applicant was diagnosed with no evidence of psychiatric illness; Personality Disorder NOS & borderline and dependant features. On 26 December 1995, 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 4 January 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.

         b. On 12 January 2001, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, and 8 days of active military service.

2. Legal/Regulatory Basis for Separation Action : AR 635-200, currently in effect, sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-13 provides, in pertinent part, when separation is because of a personality disorder, the service of a soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III. Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special
court-martial in the current enlistment, period of obligated service, or any extension thereof.
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 010802, with seven (7) 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:
         ( )     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 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. The evidence of record shows that competent medical authority diagnosed the applicant as having a personality disorder. Based on this diagnosis, the applicant was properly processed for separation under the provisions of Chapter 5, AR 635-200, by reason of a personality disorder with a characterization of service of honorable. Further, the record indicates that based on the narrative reason for separation, the applicant was appropriately assigned a reentry eligibility (RE) code of 3. A RE-3 indicates that the applicant requires a waiver of her disqualifying condition (i.e., personality disorder) prior to reentry into service. Changes to RE codes do not fall within the purview of this Board. The applicant has submitted a DD Form 149 (Application for Correction of Military Records) with her application to this Board. Accordingly, the applicant’s records will be forwarded to the Army Board for Correction of Military Records for adjudication of her DD Form 149. The Board, being convinced that the reason for 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:


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: 2001060713 INDEX NUMBERS: A8601
Date of Review: 010905 A9445
Character of Service: HD A0113
Date of Discharge: 960112
Authority: AR 635-200 C5
Reason: A8600
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.      PO      X          X    






Similar Decisions

  • ARMY | DRB | CY1997 | 199700566

    Original file (199700566.rtf) Auto-classification: Denied

    Type of discharge (or characterization of service): GD 2. 960204: Applicant was discharged. CASE NO: AD97-00566 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY1997 | 199700659

    Original file (199700659.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, Paragraph 2. ( ) Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to under .2. CASE NO: AD97-00659 PART IX - VOTING RECORD Name Reason Characterization CHANGENCHONUHCNCUNCHAR X X X X X X X X X X

  • ARMY | DRB | CY1999 | 1999026260

    Original file (1999026260.rtf) Auto-classification: Approved

    The Board determined that the reason for discharge was proper and equitable and voted not to change it. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 1999026260 INDEX NUMBERS: A9218 Date of Review: 990616 A0100 Character of Service: GD A9411 Date of Discharge: 960112 A9317 Authority: AR 635-200 C14 A9329 Reason: A6700 Results of Board Action/ Vote/Affirmation: HD 4-1 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • ARMY | DRB | CY2000 | 2000037425

    Original file (2000037425.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. However, in review of the applicant’s entire service record, the Board found that these accomplishments did not overcome the reason for discharge and characterization of service granted. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified A. McKim-Spilker Case Reviewing Official PART VIII -...

  • 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 | CY1999 | 199902461

    Original file (199902461.rtf) Auto-classification: Denied

    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 EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 199902461 INDEX NUMBERS: A9217 Date of Review: 990317...

  • ARMY | DRB | CY2001 | 2001060529

    Original file (2001060529.rtf) Auto-classification: Approved

    On 28 September 1989, the applicant was discharged. Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority. ( 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

  • 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...