Application Receipt Date: 080803	

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: NIF
Discharge Received:     Date: 050401   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: 82d Airborne Division, 2d Brigade Replacement, Fort Bragg, NC 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:  850722  
Current ENL Date: 030806    Current ENL Term: 03 Years  ?????
Current ENL Service: 01 Yrs, 07Mos, 26Days ?????
Total Service:  01 Yrs, 07Mos, 26Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11B1P (Infantryman)   GT: NIF   EDU: NIF   Overseas: Southwest Asia   Combat: Iraq (041205-050128)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, Parachutist Badge
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:
      The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant's record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  That DD Form 214 indicates the applicant was discharged under the provisions of Paragraph 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of JFX (Personality Disorder) and RE Code "3."  Evidence of record shows that on 16 March 2005, Orders 075-0309, DA, HQ, 82d Airborne Division, Fort Bragg, North Carolina 28310-5100, discharged the applicant from the Regular Army, effictive date:1 April 2005.

      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 available records for the period of enlistment under review, the issue and independent evidence he submitted, the analyst found no mitigating factors that would merit an change to the applicant's narrative reason for discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army.  However, the applicant’s 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.  This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process.  In connection with this type of discharge, the applicant would have been diagnosed by competent medical authority with a condition that is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform her duty.  In the absence of evidence to the contrary, the analyst presumed Government Regularity in the discharge process.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation 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 and the analyst recommends to the Board to deny relief in this case.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 11 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 applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, and voted to deny relief.






















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: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011552

Applicant Name:  Mr.        
______________________________________________________________________


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