DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
24 June 2005
Office of the President
After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged. Accordingly, your request for
a change in the character and/or reason of your discharge is denied.
You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records. Enclosed are the necessary applications for requesting a
review from both boards. If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.
Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.
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. 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: Army Review Board Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.
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): 030415
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:
NDSM
a. Period entered for: 3 Years ASR
b. Entry date: 000905
c. Age: 19 Years DOB: 810523
d. Educational level: HS Grad
e. Aptitude area score:
GT: 127 3. Highest grade
achieved:
f. Length of Service: E4
2 Year(s) 7 Month(s) 11 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 on 28 March 2003, 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. She was advised of her rights. The applicant
waived her right to consult with legal counsel, was advised of the impact
of the discharge action, and did not submit a statement in her 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 7 April 2003, the separation authority directed that the applicant be
discharged with a characterization of service of honorable.
b. On 15 April 2003, the applicant was discharged. At the time of
discharge, the applicant had completed 2 years, 7 months, and 11 days of
active military service in the period under review.
c. In support of her contention that she does not have a personality
disorder, the applicant submitted a psychological evaluation by a licensed
psychologist dated 29 July 2004. Although results of testing did not
appear to meet the diagnostic criteria for a major personality disorder,
her personality profile did suggest certain personality traits and coping
styles that could compromise her emotional and interpersonal functioning
during periods of stress. Her profile suggested that she manages her life
well when she feels in control. However, when frustrated, her positive
traits could turn into irritation, aggression, and socially maladaptive
behavior. She feels frustrated when circumstances compete with her desire
for self-attainment, control, and autonomy. Her profile also shows that
her personal strengths could invite vulnerabilities to emotional and
behavioral turmoil secondary to less predictable conditions. The examiner
indicated that military service often includes unpredictable circumstances
that are particularly challenging for individuals who depend significantly
on a sense of control.
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 040925, with one (1) 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 22 June
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:
( ) Additional issue(s) identified during review/hearing as
follows:
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) The issue is rejected. The Board carefully examined the
available record of service during the period of enlistment under review.
The applicant’s service medical records, to include mental evaluations,
were unavailable for the Board’s review. In the absence of the medical
evidence used in the applicant’s discharge, the Board presumed government
regularity in the discharge process. Her DD Form 214 indicates that she
was discharged under the provisions of Chapter 5-13, AR 635-200 by reason
of personality disorder, with an honorable characterization of service.
The Board, being convinced that the reason for discharge was both proper
and equitable, voted to deny relief.
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
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
NONE
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
ESMERALDA G. PROCTOR
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: 20040008629 INDEX NUMBERS: A0143
Date of Review: 050622 A9455
Character of Service: HD
Date of Discharge: 030415
Authority: AR 635-200 C5
Reason: A4200
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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