Application Receipt Date: 060616
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 941203
Discharge Received: Date: 941214
Chapter: 5-13 AR: 635-200
Reason: Personality Disorder
RE: SPD: JFX
Unit/Location: Company C, 1st Battalion, 28th Infantry Regiment, 1st BCT Brigade, Fort Jackson, SC
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 711112
Current ENL Date: 941103 Current ENL Term: 03 Years ?????
Current ENL Service: 00 Yrs, 01Mos, 12Days ?????
Total Service: 00 Yrs, 01Mos, 12Days ?????
Previous Discharges: None
Highest Grade: E1
Performance Ratings Available: Yes No
MOS: None GT: 91 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that the applicant was diagnosed by competent medical authority with a personality disorder, not otherwise specified. On 3 December 1994, 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. He was advised of his rights. The applicant declined the opportunity to consult with legal counsel, he 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 and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval. The separation authority's documentation approving the applicant's discharge proceedings is not part of the available record and the analyst presumed Government Regularity in the discharge process. The evidence of records shows that on 12 December 1994, Orders 239-178, Headquarters, United States Army Training Center and Fort Jackson, Fort Jackson, South Caroline 29207, discharged the applicant from the Army, with an effective date: 14 December 1994.
b. Legal Basis for Separation:
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 Soldiers 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 case.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records for the period of enlistment under review and the issues he submitted, the analyst recommend that relief be denied in this case. The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed with an personality disorder. The unit commander subsequently recommended separation under provisions of Chapter 5-13, AR 635-200 by reason of a personality disorder with honorable service. The separation authority's documentation approving the applicant's discharge proceedings is not part of the available record and the analyst presumed Government Regularity in the discharge process. Furthermore, the analyst noted from the evidence of record that the applicant received an uncharacterized separation while in an entry-level status (ELS). A Soldier is in entry-level status for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status. A honorable discharge is not authorized under ELS conditions. The analyst determined that the reason for discharge and the characterization of service were both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 23 May 2007
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 31 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060008874
Applicant Name: Mr.
______________________________________________________________________
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