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ARMY | DRB | CY2004 | AR20040000726
Original file (AR20040000726.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):  030627

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:
                                           AAM           ASR
    a.  Period entered for:  6 Years               GCMDL
    b.  Entry date:  981125                        NDSM
    c.  Age:  24 Years   DOB:  740917              AFEM


    d.  Educational level:  4 Yrs Coll             SWASM


    e.  Aptitude area score:                       NCOPDR
          GT:  97                                3.  Highest grade
achieved:
    f.  Length of Service:                         E5
          4 Year(s)  7 Month(s)  3 Day(s)

                                               4.  Performance evaluations:

                                                   See OMPF (microfiche)

                         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 28 April 2003, the applicant was
diagnosed with a dependent personality disorder.  The unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 5, AR 635-200, by reason of a personality disorder,
with an honorable discharge.  He was advised of his rights.  The applicant
waived his right to consult 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 19 June 2003, the separation authority directed that the applicant be
discharged with a characterization of service of honorable.

      b.  On 27 June 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 7 months, and 3 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 be a deeply ingrained maladaptive pattern of
behavior of long duration that interferes with the soldiers’ ability to
perform duty, and requires that the diagnosis be so severe that the
soldier’s ability to function in the military environment is significantly
impaired.  The regulation also directs that commanders will not take action
prescribed in this chapter in lieu of disciplinary action, and 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 040421, with three (3) 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 15 December
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 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)  See Paragraph 3, below.

        (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 diagnosed with a
dependent personality disorder after being medically evacuated from the
Middle East.  His separation physical also indicates that he was treated
for depression during his tenure in the Army.  Based on the above, the
treating psychiatrist noted that the applicant showed a pattern of
maladaptive responses to routine work related stressors and indicated that
he met the psychiatric criteria for separation in accordance with AR 635-
200, Chapter 5-13, for a personality disorder.  The applicant enlisted in
the Army as a specialist/E-4 after completing his college degree.  He
attained the rank of sergeant/E-5, served for nearly five years, and
received the Army Achievement Medal and the Good Conduct Medal.  The
applicant successfully completed tours of duty in Kuwait in support of
Operation Enduring Freedom and Operation Desert Spring.  A review of his
evaluation report for period 01/10-02/08 (Change of Rater) shows that he
received an excellent rating in Part IV (Rater) in competence indicating
that he competed and won battalion NCO of the month on two occasions.  He
was applauded for his outstanding performance during his Kuwait rotation
and his leadership of subordinates.  The pertinent incident that led to the
applicant’s psychiatric evaluation and treatment is not in the record.
However, the diagnosis of a dependent personality disorder is not
consistent with the applicant’s overall military conduct and performance.
While the Board is unable to refute the diagnosis given by a competent
medical authority, it found that, in view of the circumstances surrounding
the discharge, the narrative reason is now inequitable.  Accordingly, the
Board voted to grant relief in the form of a change in narrative reason for
discharge 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       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
                  1901 South Bell Street, 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:  17 December 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 entail 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:  20040000726                   INDEX NUMBERS:  A9456
Date of Review:  041215                                   A1200
Character of Service:  HD                                 A9500
Date of Discharge:  030627
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       






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