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): 000516
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: 990928
c. Age: 18 Years DOB: 800225
d. Educational level: GED
e. Aptitude area score:
GT: 112 3. Highest grade
achieved:
f. Length of Service: E2
0 Years 7 Months 19 Days
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:
Date Offense(s)
000407 Incapacitated himself for the proper performance of his
duties by wrongfully overindulging in intoxicating liquor or
drugs (000321)(Company Grade)
7. Court-Martial data: NONE
a. SCM:
Date Offense(s)
b. SPCM:
Date Offense(s)
c. GCM:
Date Offense(s)
8. Remarks: Service dates on DD Form 214 do not agree with enlistment
contract dates and NGB Form 22. Accordingly, net active service dates for
this period have been adjusted.
SECTION B - Prior Service Data
Other discharge(s):
Service From To Type Discharge
ARNGUS 980729 981108 NA
ADT 981109 990405 Uncharacterized
ARNGUS 990406 000115 General
(Concurrent Service)
PART IV - PREHEARING REVIEW
SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:
a. Evidence of record shows that on 6 April 2000, the applicant was
diagnosed with a personality disorder of Axis I: Dysthymia/Alcohol abuse
and Axis II: Personality disorder. On 27 April 2000, the unit commander
notified the applicant of initiation of separation action under the
provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of
personality disorder, with an honorable discharge. He was advised of his
rights. On 4 May 2000, the applicant consulted 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 proper legal authority reviewed the
proposed discharge action and found it to be legally sufficient. On 4 May
2000, the separation authority directed that the applicant be discharged
with a characterization of service of honorable.
b. On 16 May 2000, the applicant was discharged. At the time of
discharge, the applicant had completed 7 months and 19 days of active
military service in the period under review and had a total of 1 year, 9
months, and 18 days of total 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 that
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 soldier’s ability to
perform duty. The regulation also directs that commanders will not take
action prescribed in this chapter in lieu of disciplinary action, requires
that the diagnosis concludes the disorder is so severe that the soldier’s
ability to function in the military environment is significantly impaired,
and states 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 031226, with no enclosures.
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 13 October
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: ( ) 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, the evidence of
record does not support said contentions and the applicant has provided no
independent corroborating evidence in support of his contentions. The
evidence of record shows that competent medical authority diagnosed the
applicant with a personality disorder and recommended expeditious discharge
under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of
a personality disorder. Based on the foregoing diagnosis the applicant’s
unit commander properly initiated the applicant’s separation by reason of a
personality disorder. The record indicates that the applicant was advised
by legal counsel, understood the ramifications the contemplated separation,
and declined the opportunity to submit statements on his own behalf. The
appropriate authority approved the applicant’s discharge by reason of a
personality disorder and issuance of an honorable characterization of
service. The Board, being convinced that the reason for the 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
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
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: 2004104047 INDEX NUMBERS: A0113
Date of Review: 041013 A9500
Character of Service: HD
Date of Discharge: 000516
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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