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ARMY | DRB | CY2004 | AR20040005464
Original file (AR20040005464.doc) Auto-classification: Approved



                           DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                                4 March 2005


Office of the President



      The Army Discharge Review Board reviewed your case and determined
that relief is warranted.  The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive.  This document reflects the findings,
conclusions, and reasons for the Board's decision.  The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.

      If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive.  You should
read Enclosure 5 of that directive before submitting a complaint.  The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness.  You may
obtain a copy of DoD Directive 1332.28 by writing to:  DA Review Boards
Agency, Attention:  (Reading Room), The Pentagon, Washington, DC 20310-
1809.

      Should you have any questions relating to the documentation
implementing the Board's decision, you should contact:  ARBA Support
Division, ATTN:  SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.

                                  Sincerely,




                                  Robert L. House
                                  Colonel, U.S. Army
                                  President


Enclosure


                           MILITARY REVIEW BOARDS

                           Case Report & Directive


                        PART I - IDENTIFICATION DATA

NAME:       ADDRESS:



      PHONE:




COUNSEL:    ADDRESS:

      PHONE:




ALTERNATE PERSON(S) TO BE NOTIFIED:     ADDRESS:

RELATIONSHIP:                     PHONE:



TYPE REPORT:

   ( X ) Original
   (   ) Addendum




                                   REMARKS
                            Case Management Data

(   )  Response to other correspondence required upon completion of case.

(   )  DD Form 149 in file.  Send case to ABCMR.


















OSA FORM 172 (REVISED) 22 May 98     Cover Sheet
                         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):  010718

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:
                                           ARCOM
    a.  Period entered for:  4 Years*              AAM(2nd Awd)
    b.  Entry date:  961002                        GCMDL(2nd Awd)
    c.  Age:  29 Years   DOB:  661231              NDSM


    d.  Educational level:  2 Yrs Col              ASR


    e.  Aptitude area score:                       OSR
          GT:  107                               3.  Highest grade
achieved:
    f.  Length of Service:                         E4
            Year(s)    Month(s)    Day(s)

                                               4.  Performance evaluations:

                                                   NONE

*Note:  The applicant extended his enlistment on 990401 for a period of 7
months to meet service remaining requirements for school attendance; and,
on 000824 for a period of 4 months to meet the service remaining
requirements for an overseas tour.
                         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:  The DD Form 214 does not reflect the applicant’s prior
              inactive service.

                       SECTION B - Prior Service Data


Other discharge(s):

      Service    From  To    Type Discharge
      ADT (USAR) 930120      930521     Uncharacterized
      USAR  930522     930615     N/A
      RA    930616     960615     Honorable (Released from AD/C4)
      USAR  960616     961001     N/A






                         PART IV - PREHEARING REVIEW
                       SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

      a.  The specific facts and circumstances pertaining to the
applicant’s discharge are not contained in the available records.  The
available evidence of record shows that on 16 July 2001, DA, United States
Army Europe, Kaiserslautern Transition Center, APO AE 09054, Orders 197-01
discharged the applicant from the Regular Army, effective 18 July 2001.
The record contains a properly constituted DD Form 214 (Certificate of
Release or Discharge from Active Duty).  His DD Form 214 indicates that he
was discharged under the provisions of Chapter 5-13, AR 635-200 by reason
of personality disorder with an honorable discharge.  He received $7934 in
separation pay and was entitled to benefits under the Transition Assistance
Management Program as delineated in his separation orders.

      b.  On 18 July 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 4 years, 9 months, and 17 days of
active military service in the period under review and had a total of 8
years, 5 months and
28 days of active military service.

      c.  The applicant submitted two Reports of Mental Status Evaluation
(DA Form 3822-R) in support of his request for a change in narrative reason
and RE code.  The evaluation dated 25 January 2001 gives a diagnosis of
paranoid personality traits and narcolepsy.  The subsequent evaluation,
dated 13 March 2001, provides a revision to the findings on the 25 January
2001 evaluation.  The revision indicates that, after further testing, he
was diagnosed with an adjustment disorder with anxious and depressed mood;
attention deficient hyperactivity disorder, inattentive type; personality
disorder not otherwise specified; and narcolepsy.

      d.  The applicant also submitted a 7 February 2002 report from the
Department of Veterans Affairs, New York Harbor Healthcare System.  This
report certified that the applicant was treated in the Mental Health Clinic
since October 2001 for a mood disorder (major depression, single episode)
and for narcolepsy.  There was no evidence that he suffers from a
personality disorder.

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 040722, 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 2 March
2005.

      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.
 There was a full consideration of all faithful and honorable service as
well as the incidents of unsatisfactory performance.  Notwithstanding the
propriety of the applicant’s discharge, the Board found that the narrative
reason for discharge is now inequitable.  The Board noted that the
applicant provided nearly five years of honorable service, attained the
grade of specialist/E-4, and received the Army Commendation Medal, two Army
Achievement Medals, and the two Good Conduct Medals.  Given the above
factors, the Board concluded that the narrative reason for discharge does
not accurately reflect the nature and quality of the applicant’s service.
Accordingly, the Board voted to grant relief in the form of a change in
narrative reason to Secretarial Authority.  This action does not entail 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
                  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:  4 March 2005

     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:  20040005464                   INDEX NUMBERS:  A9456
Date of Review:  050302                                   A1200
Character of Service:  HD                                 A9323
Date of Discharge:  010718
Authority:  AR 635-200 C5
Reason:  A4200
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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