PART II - APPLICATION DATA
(Note: Part I deleted under the Privacy Act on Reading Room copy)
1. Character of Discharge: Uncharacterized
2. Date of discharge (or REFRAD): 011025
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:
NONE
a. Period entered for: 3 Years
b. Entry date: 010822
c. Age: 19 Years DOB: 820211
d. Educational level: GED
e. Aptitude area score:
GT: 101 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 2 Month(s) 4 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-ANALYSTS ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 19 October 2001, DA, HQ, United States Army Training Center and Fort Jackson, South Carolina, Orders 292-1313 discharged the applicant from the Regular Army, effective date 25 October 2001. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicants signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-200 by reason of personality disorder, with an uncharacterized separation of service (UNCHAR). Furthermore, the DD Form 214 shows a separation code of JFX (i.e., personality disorder). The specific facts and circumstances leading to the applicants discharge are not contained in the available records.
b. On 25 October 2001, the applicant was discharged. At the time of discharge, the applicant had completed 2 months, and 4 days of active military service in the period under review.
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 soldiers 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-APPLICANTS SUBMISSIONS
1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicants DD Form 293.
2. Exhibit(s) submitted:
A-1: DD Form 293, dated 020615.
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:
( ) Records review ( X ) Hearing
b. Type Held:
( )Records review ( X ) Hearing
( ) Tender Offer
c. Review/hearing location and date: Washington, DC on 9 December 2002.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( X ) Yes ( ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witnesses testified: ( X ) Yes ( ) No
2. Exhibit(s) submitted at hearing: one (1) issue and three (3) documents.
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 discharge was improper.
b. Request: ( X ) Recharacterization ( ) 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.
(2) The issue is accepted. The Board carefully examined the applicants record of service during the period of enlistment under review and heard his testimony. The evidence of r record does not support the applicants discharge under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of a personality disorder. The Board noted that a qualified psychiatrist or a certified clinical psychologist did not approve the applicants diagnosed personality disorder. In view of the foregoing, the Board determined that the discharge was improper. Accordingly, the Board voted to change the characterization of service to honorable and to change the narrative reason for separation to Secretarial Authority.
(1) See Paragraph 3, below.
3. Response(s) to item(s) not addressed as decisional issue(s):
Inasmuch as the Board voted to grant the 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:
( ) Proper.
( X ) Improper as to characterization. Change characterization to Honorable.
( X ) Improper as to reason. Change reason to Secretarial Authority under Chapter 5, AR 635-200.
( ) 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 5 0
Characterization 3 2
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: 13 December 2002
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 the characterization of discharge to Honorable.
( X ) Change reason and authority for discharge to Secretarial Authority, Chapter 5, AR 635-200.
( X ) Other (see remarks below).
Remarks: This action does not entail a change to the RE code.
SECTION B - CERTIFICATION
Approval Authority:
SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
JOHN F. LONG
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: 2002075090 INDEX NUMBERS: A0114
Date of Review: 021209 A9218
Character of Service: UNCHAR
Date of Discharge: 011025
Authority: AR 635-200 C5
Reason: A4200
Results of Board Action/
Vote/Affirmation: HD 3-2 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
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