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): 890829
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:
AAM
a. Period entered for: 4 Years (Ext 9 mos) GCMDL
b. Entry date: 880614 ASR
c. Age: 21 Years DOB: 670604 OSR
d. Educational level: HS Grad
e. Aptitude area score:
GT: 102 3. Highest grade
achieved:
f. Length of Service: E4
1 Year 2 Months 16 Days
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 860114 880613 Honorable
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 21 July 1989, the applicant was
diagnosed with a personality disorder of Axis I: Adjustment disorder with
mixed emotional feelings and suicide ideation and Axis II: Personality
disorder with dependent and histrionic traits. On 2 August 1989, 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. On 4 August
1989, 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.
On 4 August 1989, 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 9 August 1989, the separation authority directed
that the applicant be discharged with a characterization of service of
honorable.
b. On 29 August 1989, the applicant was discharged. At the time of
discharge, the applicant had completed 1 year, 2 months, and 16 days of
active military service in the period under review and had a total of 3
years, 7 months, and 16 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 soldier’s 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 030614, with 14 enclosures.
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 8 March 2004.
d. Appearance by:
Applicant ( X ) Yes ( ) No
Counsel ( ) Yes ( X ) No
e. Applicant testified: ( X ) Yes ( ) No
f. Counsel presentation: ( ) Yes ( X ) No
g. Witness(es) testified: ( X ) Yes ( ) No
2. Exhibit(s) submitted at hearing: 75 additional documents; one
additional
issue.
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: (3) The narrative reason for discharge was
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.
(3) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review
and heard her testimony. The evidence of record shows that the applicant
was separated under the provisions of Chapter 5-13, AR 635-200, by reason
of a personality disorder with an honorable discharge. The Board
determined that the applicant presented evidence of sufficient merit to
mitigate the narrative reason for discharge. In addition, the Board noted
that the applicant provided medical evidence indicating that she does not
suffer from a personality disorder. Accordingly, the Board voted to grant
relief by changing the narrative reason for discharge to Secretarial
Authority. This action includes a change in RE code to 1.
(1) and (2) 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 issues is neither required nor rendered.
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 5 0
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 March 2004
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 includes a change in RE code to 1.
SECTION B - CERTIFICATION
Approval Authority:
SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
MARY E. SHAW
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: 2003093657 INDEX NUMBERS: A9456
Date of Review: 040308 A1200
Character of Service: HD A0100
Date of Discharge: 890829
Authority: AR 635-200 C5
Reason: A4200
Results of Board Action/
Vote/Affirmation: MD 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
ARMY | DRB | CY1999 | 1999026066
The evidence of record shows that on 14 June 1989, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—abuse of illegal drugs, with a recommendation for an under other than honorable conditions (UOHC) discharge. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified MR. ADRIANCE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A -...
ARMY | DRB | CY2000 | 2000037772
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. 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: 2000037772 INDEX NUMBERS: A9217 Date of Review: 000315 A0100 Character...
ARMY | DRB | CY1999 | 1999022385
A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 990112. 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 MRS. WADE Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:THOMAS J....
ARMY | DRB | CY2000 | 2000039766
The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.3. 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 | CY2001 | 2001060529
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 | 1999016173
Evidence of record shows that on 26 February 1996, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with a general under honorable conditions discharge. 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 -...
ARMY | DRB | CY2001 | 2001053110
A-2: Counsel Issues: NONE B-l: Other Documents: NONE PART IV - PREHEARING REVIEW (CONTINUED) EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001053110 INDEX NUMBERS: A9217 Date of Review: 010423 A9445 Character of Service: EL A0101 Date of Discharge: 001109 Authority: AR 635-200 C14 Reason: A6750 Results of Board Action/ Vote/Affirmation: NC 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.
ARMY | DRB | CY2004 | AR20040002987
On 9 May 1995, the applicant was 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 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 NONE SECTION B - CERTIFICATION Approval Authority: ROBERT L. HOUSE Colonel,...
ARMY | DRB | CY1999 | 1999027470
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 review of discharge C - Other B - Material submitted by applicant AR Number: 1999027470 INDEX NUMBERS: A9235 Date of Review: 990728 A9217 Character...
ARMY | DRB | CY1999 | 1999023478
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...