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ARMY | DRB | CY2004 | AR2004104047
Original file (AR2004104047.doc) Auto-classification: Denied




                         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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