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):  950508

3.  Authority for separation:

	a.  Regulation:  Chapter 4, AR 635-120

	b.  Reason:  Substandard Performance

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:  Indefinite            ASR
b.  Entry date:  940123                         
c.  Age:  23  Years   DOB:  700530                                        
d.  Educational level:  Coll. Grad.                                       
e.  Aptitude area score:
	    GT:  NIF                               3.  Highest grade achieved:
    f.  Length of Service:                         02
          1  Year(s)  3  Month(s)  16  Day(s)                                 
                                                           
                                               4.  Performance evaluations:  
                                                   See OMPF
                                                 

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


Other discharge(s):

	Service	From	To	Type Discharge
	ARNGUS	880512	880723	NA
	ADT	880724	890602	Honorable
	ARNGUS	890603	891226	NA
	USAR	901101	930714	NA
	USAR(Comm.)	930715	940122	NA






PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 20 October 1994, the applicant was notified to show cause for retention on active duty under the provisions of AR 635-100, Chapter 5, and AR 635-120, Chapter 4, because of substandard performance of duty.  The specific reasons for initiation of elimination were: Apathy, defective attitudes, or other character disorders to include inability or unwillingness to expend effort; and, a personality disorder with borderline traits which interfered with his ability to successfully perform duties within a military environment.  The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of an honorable discharge.  On 17 March 1995, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of honorable.  All the facts and circumstances leading to the applicant’s separation from service are not contained in the file.

	b.  On 8 May 1995, the applicant was discharged.  At the time of discharge, the applicant had completed 1 year, 3 months, and 16 days of active military service in the period under review and had a total of 4 years, 10 months and 7 days of active military service.

2.  Legal/Regulatory Basis for Separation Action:  AR 635-100, Chapter 5, prescribes the procedures to eliminate officers for substandard performance of duty, misconduct, moral or professional dereliction, or in the interest of national security.  Paragraph 5-10, inter alia, authorizes elimination of an officer due to substandard performance when an officer who exhibits apathy, defective attitudes, or other character disorders to include inability or unwillingness to expend effort.  Chapter 4 of AR 635-120, in pertinent part, provides that an officer who has been selected for elimination or to show cause why he or she should not be eliminated pursuant to Chapter 5, AR 635-100, may tender a resignation in lieu of elimination action.  

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 020625, 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 7 November 2002.

	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 Board carefully examined the available record during the period of service under review.  The Board noted that all the documentary evidence leading to the applicant’s separation from service is not contained within the official record.  However, when the applicant was notified to show cause for retention on active duty, his command indicated that the record contained several official documents, to include a valid psychiatric examination showing that the applicant was diagnosed with a personality disorder with borderline traits and that he exhibited, apathy, defective attitude, or other character disorders to include an inability or unwillingness to expend effort.  The Board is unable to ascertain whether the applicant’s apathy, defective attitude, and/or ability to expend effort were based upon the personal problems that he now submits in mitigation.  In the absence of evidence to the contrary, the Board presumed regularity in the discharge process.  The Board, being convinced that the reason for discharge  was 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	

                          	
Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

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:  2002076660                    INDEX NUMBERS:  A0113
Date of Review:  021107                                   A9307
Character of Service:  HD                                 
Date of Discharge:  950508                                
Authority:  AR 635-120 C4                         
Reason:  A8000                                            
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