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Decision Text

ARMY | DRB | CY2006 | AR20060010478
Original file (AR20060010478.txt) Auto-classification: Denied
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.  Soldier’s 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 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 case.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s 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 applicant’s record of service during the period of enlistment under review, hearing her testimony, and considering the analyst’s 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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