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): 981106
3. Authority for separation:
a. Regulation: Chapter 5, Paragraph 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:
ASR
a. Period entered for: 3 Years
b. Entry date: 980522
c. Age: 30 Years DOB: 680501
d. Educational level: 13 Years
e. Aptitude area score:
GT: 129 3. Highest grade
achieved:
f. Length of Service: E3
0 Year(s) 5 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
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 16 October 1998, the applicant
was diagnosed with a personality disorder not otherwise specified with
antisocial and narcissistic features. On 29 October 1998, 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 service uncharacterized. He was advised of his rights. On 29 October
1998, the applicant consulted with legal counsel, was advised of the impact
of the discharge action, and declined his opportunity to submit statements
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
service uncharacterized. On 4 November 1998, the separation authority
directed that the applicant be discharged under the provisions of Chapter
5, Paragraph 5-13, AR 635-200, by reason of a personality disorder with
service uncharacterized.
b. On 6 November 1998, the applicant was discharged. At the time of
discharge, the applicant had completed 5 months and 15 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, which
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 characterization of service for soldiers separated under
this provision of regulation will normally be honorable, but will be
uncharacterized if the soldier is in an entry-level status. Army
regulation states that a soldier is in an entry-level status if the soldier
has not completed more than 180 days of creditable continuous active duty
prior to the initiation of separation 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 030912, with two 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 3 June 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:
( ) Additional issue(s) identified during review/hearing as
follows:
b. Request: ( X ) 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) The issue is rejected. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
The Board noted the applicant’s contentions; however, did not find said
contentions sufficiently mitigating to warrant a change to the discharge
under review. The evidence of record shows that competent medical
authority diagnosed the applicant with a personality disorder not otherwise
specified with antisocial and narcissistic features. In view of the
forgoing, the applicant’s unit commander appropriately initiated separation
under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of
a personality disorder with service uncharacterized. In the absence of
information to the contrary, the Board was satisfied that all requirements
of law and regulation were met and the rights of the applicant were fully
protected throughout the separation process. The Board, being convinced
that the reason for discharge and the characterization of service were both
proper and equitable, voted to deny relief.
b. Equity: The applicant has not submitted an issue of equity
and the ADRB has not otherwise relied upon an issue of
equity to change the discharge. The major factors upon
which the discharge was based are set forth in Parts III
and IV of this decisional document.
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
MR. RIVERA
Case Reviewing Official
PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
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: 2003096237 INDEX NUMBERS: A0113
Date of Review: 040603 A9217
Character of Service: EL A9311
Date of Discharge: 981106
Authority: AR 635-200 C5
Reason: A8600
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
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