Search Decisions

Decision Text

ARMY | DRB | CY2003 | AR2003096237
Original file (AR2003096237.doc) 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):  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       






Similar Decisions

  • ARMY | DRB | CY1999 | 1999022465

    Original file (1999022465.rtf) Auto-classification: Denied

    Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. 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...

  • ARMY | DRB | CY2003 | 2003086070

    Original file (2003086070.rtf) Auto-classification: Denied

    Chapter l0 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting discharge. EXHIBITS: A -...

  • ARMY | DRB | CY1999 | 1999018506

    Original file (1999018506.rtf) Auto-classification: Denied

    The Board, being convinced that the characterization of service and reason for discharge was 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 | CY2002 | 2002067856

    Original file (2002067856.TXT) 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 Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief. 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: 2002067856 INDEX...

  • ARMY | DRB | CY2000 | 2000036381

    Original file (2000036381.rtf) Auto-classification: Approved

    Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service. A-2: Counsel Issues: NONE B-l: Other Documents: NONE C-1: DD Form 149, dated 991228. AR Number: 2000036381 INDEX NUMBERS: A0154 Date of Review: 000223 A0130 Character of Service: GD A9217 Date of Discharge: 981106 Authority: AR 635-200 C9 Reason: A6900 Results of Board Action/ Vote/Affirmation: HD 4-1 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.

  • 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 | CY1999 | 1999027270

    Original file (1999027270.rtf) Auto-classification: Denied

    His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of personality disorder with a characterization of service of honorable (HD). 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...

  • ARMY | DRB | CY2001 | 2001055951

    Original file (2001055951.rtf) Auto-classification: Denied

    On 25 May 2000, the applicant was discharged. PART VII - BOARD ACTIONSECTION B - Verification and Authentication Case report reviewed and verified Ms. McKim-Spilker Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATIONSECTION A - DIRECTIVE NONE SECTION B - CERTIFICATION Approval Authority:GERARD W. SCHWARTZ 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 | 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 | CY2003 | 2003087346

    Original file (2003087346.rtf) Auto-classification: Approved

    The Board noted that the separating authority approved the applicant’s discharge under the provisions of AR 635-200, Chapter 5-13, by reason of a personality disorder with an honorable discharge. During the processing of her discharge, the characterization of service was inadvertently changed to “uncharacterized.” Given that the separating authority approved an honorable discharge, the Board determined that the characterization of service was inequitable. PART VII - BOARD ACTIONSECTION B -...