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ARMY | DRB | CY2003 | AR2003095625
Original file (AR2003095625.doc) Auto-classification: Approved


                         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):  930702

3.  Authority for separation:

      a.  Regulation:  Chapter 5-13, 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:  4 Years
    b.  Entry date:  911008
    c.  Age:  20 Years   DOB:  710727


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  123                               3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Year(s)  8 Month(s)  25 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 7 May 1993, the applicant was
diagnosed with an adjustment disorder with mixed emotional features and a
personality disorder, not otherwise specified with borderline and passive-
aggressive features.  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.  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
with an honorable discharge.  On 28 June 1993, the separation authority
directed that the applicant be discharged with a characterization of
service of honorable.

      b.  On 2 July 1993, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 8 months, and 25 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 030824, with four (4) 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, D.C. on 14 April
2004.

      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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  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 parenthetical number(s) below correspond(s) to
                   the issue number(s) on the DD Form 293, or in Part VI,
                   Paragraph 1, above.

        (1)  See Paragraph 3, below.

      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.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The evidence of record shows that the applicant was honorably discharged
after she was diagnosed with an adjustment disorder with mixed emotional
features and a personality disorder, not otherwise specified with
borderline and passive-aggressive features.  The available in-service
medical evidence indicates that the applicant was primarily treated for
depression and anxiety, and that she had difficulty adjusting to the stress
of the Army.  Her psychological assessment indicated symptoms of
depression, nervousness, anxiety, fatigue, weakness, and a pervasive lack
of self-esteem and self-confidence.  In June 1999, the applicant was
administered a clinical personality study by the Department of Veterans
Affairs which shows that her psychological profile is consistent with high
anxiety, dysthymia, major depression, and post-traumatic stress disorder.
She did not indicate the presence of a prominent personality syndrome
associated with personality disorders.  Currently the applicant is being
treated primarily for depression associated with PTSD which she relates to
a traumatic event while in the Army (an unreported rape), and she receives
VA service-connected compensation for her depression.  While the Board
cannot substantiate that a rape occurred while the applicant was in the
Army since she failed to report the event, the Board noted that there
appears to be a nexus between her depressive symptomatology while in the
Army and her current history of depression.  Given the above factors, the
Board determined that the applicant has consistently been treated for
depression, which appears not to be representative of a personality
disorder.  Accordingly, the Board found that the narrative reason for
discharge is now inequitable and voted to grant relief by changing it to
Secretarial Authority.  This action does not include a change in RE code.

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:

      ( 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       4         1
    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:  16 April 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 does not include a change in RE code.

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  2003095625                    INDEX NUMBERS:  A9455
Date of Review:  2003095625                               A1200
Character of Service:  HD                                 A0100
Date of Discharge:  930702
Authority:  AR 635-200 C5
Reason:  A4600
Results of Board Action/
Vote/Affirmation:  MD 4-1 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       






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