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ARMY | DRB | CY2006 | AR20060014010
Original file (AR20060014010.txt) Auto-classification: Denied
Application Receipt Date: 061003	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See applicant's DD Form 293 and attached 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: 011120
Discharge Received:     Date: 011220   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: Company A, 741st Military Intelligence Battalion, Fort George G. Meade, Maryland 20755 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 040401-Having knowledge of a lawful order issued by the state of Maryland, an order which it was her duty to obey, failed to obey the same by leaving her infant unattended in her vehicle outside the 8th street classroom, (010301), (Field Grade).

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  740816  
Current ENL Date: 981112    Current ENL Term: 4 Years  ?????
Current ENL Service: 03  Yrs, 01 Mos, 09 Days ?????
Total Service:  03  Yrs, 01 Mos, 09 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 98K1L Non Morse Code Intercept Analyst   GT: 100   EDU: HS Letter   Overseas: None   Combat: None
Decorations/Awards: AGCM, ASR, ALB
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 10 October 2001,  the applicant was diagnosed by competent medical authority with a disorder of Axis I:  Adjustment Disorder with Depressed and Anxious Mood; Axis II:   Personality Disorder Not Otherwise Specified with Borderline and Schizotypal Traits.  On 20 November 2001, 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 infere with her being able to adequately serve in the U.S. Army.  It has also been concluded that it is unlikely that efforts to rehabilitate or develop her into a satisfactory member of the military would be unsuccessful), 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 3 December 2001, 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 documents she submitted, the analyst recommends that relief be denied in this case.  A report of mental status evaluation by  competent medical authority diagnosed the applicant with a personality disorder.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-13, 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 the narrative reason for discharge was both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 7 November 2007              
Location: Washiongton, 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 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: 

CHRISTINE U. MARTINSON			DATE: 26 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060014010

Applicant Name:  Ms.       
______________________________________________________________________


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