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):  960409

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200

	b.  Reason:  Personality Disorder

4.  Prior review(s):  Records/960718


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          NDSM                       
a.  Period entered for:  3  Years              ASR
b.  Entry date:  950525                         
c.  Age:  26  Years   DOB:  681023                                       
d.  Educational level:  HS Grad                                          
e.  Aptitude area score:
	    GT:  95                                3.  Highest grade achieved:
    f.  Length of Service:                         E2
          0  Year(s)  10  Month(s)  15  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


Other discharge(s):

	Service	From	To	Type Discharge
	RA	890801	900215	Uncharacterized
	ARNGUS	930317	950524	Honorable





PART IV - PREHEARING REVIEW

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

	a.  Evidence of record shows that on 28 September 1995, the applicant was diagnosed with a personality disorder/NOS considered a deeply ingrained pattern of maladaptive behavior, not a mental disease.  On 31 January 1996, 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, waived a hearing by a board of officers, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander recommended approval with an honorable discharge.  On 27 March 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.  

	b.  On 9 April 1996, the applicant was discharged.  At the time of discharge, the applicant had completed 10 months, and 15 days of active military service and accrued   days of lost time in the period under review and had a total of 3 years, 1 month and 8 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 020804, with three (3) 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:
	   (   ) Records review             ( X ) Hearing

	b. Type Held:
	   (   )Records review              ( X ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Tampa, FL on 5 November 2002.

	d. Appearance by:
	   Applicant                 ( X ) Yes   (   ) No
	   Counsel                   ( X ) Yes   (   ) No

	e.  Applicant testified:     ( X ) Yes   (   ) No
	
	f.  Counsel presentation:    ( X ) Yes   (   ) 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:  (1)  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.

        (1)  The issue is accepted.  The Board carefully examined the applicant’s record of service during the period of enlistment under review and heard his testimony.  The evidence of record shows that the applicant was honorably discharged for a personality disorder, not otherwise specified.  With his application requesting a change to his narrative reason for discharge, the applicant has submitted a comprehensive psychiatric evaluation consisting of clinical interviews and observations, as well as the results of generally accepted psychological testing (i.e., the MMPI-2, or Minnesota Report).  The examiner opines that while in the Army the applicant probably suffered from adjustment problems due to bullying which manifested in anxiety, depression and stress; but, does not appear to meet the criteria of a character weakness as implied by the negative connotations associated with a personality disorder.  Although the applicant appears to meet the criteria of a shy personality, this is a treatable condition, unlike other types of  personality disorders which are considered to be deeply-ingrained patterns of maladaptive behavior, defect, or derangement.  Given the special circumstances in the applicant’s case, the Board determined that the narrative reason for discharge was inequitable.  Accordingly, the Board voted to grant partial relief by voting to change the narrative reason for discharge to Secretarial Authority.  After consideration of the circumstances in the applicant’s case, the Board voted not to change the RE code.

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                               .
	( 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       3         2  
    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:  12 November 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 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:


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:  2002077033                    INDEX NUMBERS:  A9456
Date of Review:  021105                                   A1200
Character of Service:  HD                                 A9324
Date of Discharge:  960409                                
Authority:  AR 635-200 C5                         
Reason:  A4200                                            
Results of Board Action/                                  
Vote/Affirmation:  MD 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. COL MINNIEFIELD, ANITA R.	Mbr    X                       X       

    4. 	Mbr    X                       X       

    5. 	PO     X                       X