Application Receipt Date: 060728
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: The applicant wrote as the issue, "Request of upgrade in REC code in order to rejoin the military."
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: 050605
Discharge Received: Date: 050805
Chapter: 5-13 AR: 635-200
Reason: Personality Disorder
RE: SPD: JFX
Unit/Location: Rear Detachment, 261st Area Support Medical Battalion, Fort Bragg, North Carolina 28310
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: 820520
Current ENL Date: Reenl/040224 Current ENL Term: 3 Years ?????
Current ENL Service: 1 Yrs, 5 Mos, 12 Days ?????
Total Service: 3 Yrs, 11 Mos, 22 Days ?????
Previous Discharges: RA-010814-040223/HD
Highest Grade: E-5
Performance Ratings Available: Yes No
MOS: 92Y20, Unit Supply Specialist GT: 089 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq-031217-050309
Decorations/Awards: GWOTSM, ICM, NDSM, ASR, NCOPDR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None were submitted.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 28 April 2005, the applicant was diagnosed by competent medical authority with a depressive disorder not otherwise specified and with personality disorder, not otherwise specified (with antisocial traits). On 6 June 2005, 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, 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 27 June 2005, the separation authority directed that the applicant be discharged with a characterization of service of fully 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, the issue and independent documents 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 depressed mood, not otherwise specified, and personality disorder, not otherwise specified, with antisocial traits. 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 narrative reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 2 April 2007
Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: yes [redacted]
Witnesses/Observers: yes [ redacted ]
Exhibits Submitted: Character Letter
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, hearing her testimony, and considering the analysts recommendation and rationale, the Board determined that the narrative reason for separation was both proper and equitable, and voted not to change it.
Case report reviewed and verified by: Mr. John Zangas, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: None
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: 11 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060010478
Applicant Name: Ms.
______________________________________________________________________
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