Application Receipt Date: 060717
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293.
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: 030919
Discharge Received: Date: 031010
Chapter: 5-13 AR: 635-200
Reason: Personality Disorder
RE: SPD: JFX
Unit/Location: HHC, 82nd Engineer Battalion, APO AE 09139
Time Lost: None
Article 15s (Charges/Dates/Punishment): 030827-disrespectful in language toward an NCO, (030730), (Field Grade).
030114-disrespectful in language and deportment toward an NCO x 3, (021202), (021202), (021202), (Company Grade).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 710716
Current ENL Date: 020627 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 03 Mos, 14 Days ?????
Total Service: 07 Yrs, 04 Mos, 14 Days ?????
Previous Discharges: USN-920827-921123/UNC
ARNG-960326-960526/NA
ADT-960527-961004/UNC
USAR-961005-011101/NA
ARNG-011102-020626/HD
Highest Grade: E4
Performance Ratings Available: Yes No
MOS: 92G10 Food Service Spec GT: 91 EDU: 14 years Overseas: Germany Combat: None
Decorations/Awards: ARCAM (2), AAM, NDSM, ASR, SCPSR
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 on 1 August 2003, the applicant was diagnosed by competent medical authority and met the criteria for schizotypal personality disorder, and recommended separation from the service under Chapter 5-13. On 19 September 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge. She was advised of her rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action, requested consideration of her case by an administrative separation board, and did not submit a statement in her 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 of the separation action with an honorable discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable.
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 issue she submitted, the analyst recommends that relief be denied in this case. The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed with a schizotypal personality disorder. The unit commander subsequently recommended separation under provisions of Chapter 5-13, AR 635-200 by reason of a personality disorder, with an honorable characterization of service. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the analyst determined that the narrative reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 18 July 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 0 No change 0 - Character
Change 0 No change 5 - 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 narrative reason for discharge was both proper and equitable, voted not to change it.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 17 October 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010076
Applicant Name: Ms.
______________________________________________________________________
Page 6 of 6 pages
CORRECTED COPY
AF | DRB | CY2007 | AR20070012118
The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. Army Regulation 635-200, Chapter 5, Paragraph 5-13 (h), indicates that the service of a Soldier separated under this provision will be characterized as honorable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 2 November 2007 Lieutenant...
ARMY | DRB | CY2007 | AR20070012118aC071121
The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. Army Regulation 635-200, Chapter 5, Paragraph 5-13 (h), indicates that the service of a Soldier separated under this provision will be characterized as honorable. Accordingly, the analyst recommends that the applicant's characterization of service be upgraded to fully honorable.
ARMY | DRB | CY2006 | AR20060014010
Current ENL Service: 03 Yrs, 01 Mos, 09 Days ????? 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 narrative reason for discharge was both proper and equitable and voted not to change it. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army...
ARMY | DRB | CY2008 | AR20080013988
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. The narrative...
ARMY | DRB | CY2008 | AR20080005568
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. The narrative...
ARMY | DRB | CY2009 | AR20090019879
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. The narrative...
ARMY | DRB | CY2012 | AR20120009630
The current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service, as of the date the separation proceedings are initiated. In view of the foregoing, the analyst recommends to the board that the narrative reason for the applicants separation is now inequitable based on the current standard as regulations currently in effect list the reason for the applicants...
ARMY | DRB | CY2006 | AR20060011552
Current ENL Service: 01 Yrs, 07Mos, 26Days ????? Facts, Circumstances, and Legal Basis for Separation a. However, the applicants DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200 by reason of personality disorder, with an honorable characterization of service.
ARMY | DRB | CY2007 | AR20070011727
On 08 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of personality disorder, diagnosed by a medically qualified psychiatrist as suffering from a long standiing disorder of character and behavior, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army. The regulation also directs that commanders will not take action prescribed in...
ARMY | DRB | CY2006 | AR20060008874
The unit commander subsequently recommended separation under provisions of Chapter 5-13, AR 635-200 by reason of a personality disorder with honorable service. 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. Certification...