Search Decisions

Decision Text

ARMY | DRB | CY2003 | 2003083802
Original file (2003083802.rtf) Auto-classification: Denied
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): 921209

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: 3 Years
b. Entry date: 921113
c. Age: 22 Years DOB: 691208
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 126 3. Highest grade achieved:
f. Length of Service: E1
0 Year(s) 0 Month(s) 27 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 4 December 1992, the applicant was diagnosed with a personality disorder (Antisocial/Passive Aggressive). 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 uncharacterized discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his 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. On 9 December 1992, the separation authority directed that the applicant be discharged with an uncharacterized separation of service.

         b. On 9 December 1992, the applicant was discharged. At the time of discharge, the applicant had completed 27 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 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 030101.
         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: Chicago, IL on 14 May 2003 .

         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: ( 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 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 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 separated after 27 days of active service under the provisions of AR 635-200, Chapter 5, by reason of a personality disorder, with an uncharacterized discharge. The applicant was diagnosed by competent medical authority with a personality disorder which was determined to be so severe that his ability to function effectively in a military environment was significantly impaired. The applicant’s service was uncharacterized because he was in entry-level status, i.e., in an initial probationary period of service. Any individual who has served for less than l80 days at the time his or her commander initiated separation action, and is not being separated for serious misconduct, will be given an uncharacterized discharge. This is not an adverse separation action and denotes only that the individual had less than l80 days on active duty. A general discharge is not authorized under ELS conditions. The Board, being convinced that the reason for discharge and the characterization of service were 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: 2003083802 INDEX NUMBERS: A0113
Date of Review: 030514 A4201
Character of Service: EL
Date of Discharge: 921209
Authority: AR 635-200 C5
Reason: A4600
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 | CY1998 | 1998014364

    Original file (1998014364.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 981215. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRAINCE 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

  • ARMY | DRB | CY1999 | 1999024642

    Original file (1999024642.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990122. The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.3. 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....

  • 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 | CY2001 | 2001058541

    Original file (2001058541.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. The evidence of record shows that the applicant was separated while in entry level status (i.e., first 180 days of continuous active service) by reason of a personality disorder with an uncharacterized discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case...

  • ARMY | DRB | CY2004 | AR20040002938

    Original file (AR20040002938.doc) Auto-classification: Denied

    Performance evaluations: NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review - Continued 5. The Board carefully examined the applicant’s record of service during the period of enlistment under review. 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...

  • ARMY | DRB | CY2004 | AR20040007413

    Original file (AR20040007413.doc) Auto-classification: Denied

    DEPARTMENT OF THE ARMY Army Discharge Review Board 1901 South Bell Street Arlington, VA 22202-4508 13 May 2005 Office of the President After careful review of your application, military records and all other available evidence, the Army Discharge Review Board determined that you were properly and equitably discharged. 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. Minority views: NONE PART...

  • ARMY | DRB | CY1999 | 1999029775

    Original file (1999029775.rtf) Auto-classification: Denied

    A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990328. The Board, being convinced that the characterization of service, and the reason for discharge were 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....

  • ARMY | DRB | CY2005 | AR20050002852

    Original file (AR20050002852.doc) 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. The applicant was separated with an uncharacterized discharge by reason of an avoidant personality disorder under the provisions of Chapter 5, AR 635-200. 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 -...

  • ARMY | DRB | CY2000 | 2000039433

    Original file (2000039433.rtf) Auto-classification: Denied

    Based on the evidence of record and the applicant’s request for review, the Board considered the aforementioned discharge, and being convinced that the characterization of service and the reason for discharge were both proper and equitable, voted to deny relief.3. 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...

  • ARMY | DRB | CY2001 | 2001059531

    Original file (2001059531.rtf) Auto-classification: Denied

    The Board, being convinced that the characterization of service and the reason for discharge were proper and equitable, voted to deny relief.3. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001059531 INDEX NUMBERS: A0113 Date of Review: 010912 A9500 Character of Service: EL Date of Discharge: 891016 Authority: AR 635-200 C4 Reason: A0300 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization...