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
ARMY | DRB | CY2001 | 2001060234
Accordingly, the Board voted to change the applicant’s narrative reason for discharge to Secretarial Authority. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001060234 INDEX NUMBERS: A9456 Date of Review: 010926 A1200 Character of Service: HD Date of Discharge: 930422 Authority: AR 635-200 C13 Reason: A4900 Results of Board Action/ Vote/Affirmation: MD 5-0 A Name Reason Characterization CHANGENCHONUHCNCUNCHAR 1.
ARMY | DRB | CY2003 | 2003089984
On 27 June 2002, the applicant was discharged. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service SECTION B-APPLICANT’S SUBMISSIONS 1. The Board determined that the reason for discharge was proper and equitable and voted not to change it.3.
ARMY | DRB | CY2003 | AR2003092471
SECTION B - Prior Service Data Other discharge(s): Service From To Type Discharge RA 880113 920112 Honorable USAR 990112 010111 Honorable PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Change characterization to Honorable. SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW Lieutenant Colonel, U.S. Army Chief, Secretary Recorder EXHIBITS: A - Application...
ARMY | DRB | CY2004 | AR2004102211
Period entered for: 6 Years b. 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. Minority views: NONE PART VII - BOARD ACTION SECTION B - Verification and Authentication Case report reviewed and verified MR. RON WILLIAMS Case Reviewing Official PART VIII - DIRECTIVE/CERTIFICATION SECTION A - DIRECTIVE TO: ARBA Support Division-St Louis Date: 13...
ARMY | DRB | CY2002 | 2002075090
Remarks: NONE SECTION B - Prior Service Data NONE Other discharge(s): Service From To Type Discharge PART IV - PREHEARING REVIEW SECTION A-ANALYSTS ASSESSMENT l. Facts and Circumstances: a. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-200 by reason of personality disorder, with an uncharacterized separation of service (UNCHAR). SECTION B - CERTIFICATION Approval Authority: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review...
ARMY | DRB | CY2001 | 2001059225
His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, AR 635-200 by reason of personality disorder, with a characterization of service of honorable. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant AR Number: 2001059225 INDEX NUMBERS: A9456 Date of Review: 010822 A1200 Character of Service: HD Date of Discharge: 991223 Authority: AR 635-200 C5 Reason: A8600 Results of Board Action/ Vote/Affirmation: MD 4-1 A Name...
ARMY | DRB | CY2001 | 2001060529
On 28 September 1989, the applicant was discharged. Accordingly, the Board voted to change the narrative reason for discharge to Secretarial Authority. ( X ) Other (see remarks below).Remarks: This action entails a change to the RE-Code to “1.” SECTION B - CERTIFICATION Approval Authority: GERARD W. SCHWARTZ Colonel, U.S. Army President, Army Discharge Review Board
ARMY | DRB | CY2001 | 2001057340
On 13 August 1999, 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. On 24 August 1999, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable. AR Number: 2001057340 INDEX NUMBERS: A9456 Date of Review: 010801 A1200 Character of Service: HD Date of...
ARMY | DRB | CY2003 | 2003092481
The applicant consulted with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board and did not submit a statement in his own behalf. On 1 May 2001, the applicant was discharged. EXHIBITS: A - Application for review of discharge C - Other B - Material submitted by applicant
ARMY | DRB | CY2003 | AR2003099676
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 23 March 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter l4, AR 635-200, by reason of misconduct—commission of a serious offense, with an under other than honorable conditions discharge. On 20 May 2001,...