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ARMY | DRB | CY2006 | AR20060016333
Original file (AR20060016333.txt) Auto-classification: Denied
Application Receipt Date: 061127	

Prior Review    Prior Review Date: None	

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

Issues: I request that Separation Code, JFX, and Narrative reason for separation , personality disorder, be amended.  The Department of Veteran Affairs has determined that I have post traumatic stress disorder not personality disorder.  Even though I was discharged for a service connected disability (as determined by VA rating) I am being forced to pay back most of my re-enlistment bonus and am being denied severance pay. 

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: 060328   
Chapter:  5-13     AR: 635-200
Reason: Personality Disorder
RE:     SPD:    JFX
Unit/Location: HHD, Logistics Task Force 548, 40th Corps Support Group, Fort Drum, NY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Court-Martials (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier's Overall Record
DOB:  810630  
Current ENL Date: 040923    Current ENL Term:   4   Years       
Current ENL Service:   01    Yrs,    06  Mos,    06  Days      
Total Service:     06  Yrs,   11  Mos,    27   Days      
Previous Discharges: RA  990402-040922/  HD
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 25B10 Information System Operator- Analyst   GT: NIF   EDU: NIF   Overseas:   Germany    Combat:   Kuwait/ Iraq (050927-060112)
Decorations/Awards: ASR / NDSM / GWOTSM / GWOTE / GCMDLx2 / OSR / AAM x2/ ARCOM / ICM
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 complete facts and circumstances leading to the applicant's discharge from the Army are  not contained in the available records.  However, the evidence of record shows that the separation authority directed that the applicant be discharged with an honorable characterization of service.  Further evidence shows that the applicant was discharged from the Army under the provisions of Chapter 5-13, AR 635-200 for personality disorder with an honorable discharge.  The applicant's record indicates the applicant has a history of maladaptive behavior that existed prior to his entry on active duty.  Competent medical authority opined that this behavior will not improve or change and he will continue to have disciplinary problems.  The analyst noted that 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.  This document identifies the reason and characterization of the discharge and the analyst is presuming Government regularity in the discharge process.  
      

      b.  Legal Basis for Separation:  
      AR 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 provides, in pertinent part, when separation is because of a personality disorder, the service of a soldier separated per this paragraph will be characterized as honorable unless an entry level separation is required under chapter 3, section III.  Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

      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 he submitted, and his documentation, the analyst found no mitigating factors that would merit a change to his narrative reason for discharge.  The evidence of record shows the applicant was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of personality disorder.  The applicant was evaluated by competent medical authority prior to his discharge and was determined to have a long standing history of maladaptive behavior including anger dyscontrol, difficulty with authority figures, and homicidal ideations when stressed.  These tendencies were manifested from the start of his service beginning in AIT where he sought out mental health for problems adapting to his drill sergeants.  The separation authority approved the applicant's discharge with the description of service as honorable.  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.  This document identifies the reason and characterization of the discharge and Government regularity is presumed in the discharge process.    Therefore, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 19 December 2007              
Location: Washington D.C.

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   5     - 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 discharge was both proper and equitable and voted to deny relief. 





Case report reviewed and verified by: Edgar Yanger  , 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:      

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 21 December 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060016333

Applicant Name:  Mr.         
______________________________________________________________________


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