Application Receipt Date: 061229	

Prior Review    Prior Review Date: Records/020515

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

Issues: See 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: 000328
Discharge Received:     Date: 000620   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: A Troop 1st Bn 16th CAV Fort Knox, KY 40121 

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:  781129  
Current ENL Date: 970918    Current ENL Term: 4 Years  ?????
Current ENL Service: 02  Yrs, 09 Mos, 03 Days ?????
Total Service:  02  Yrs, 09 Mos, 03 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 19K10 M1 Armor Crewman   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR
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 6 December 1999, the applicant was diagnosed by competent medical authority with a disorder of Axis I:  296.23, major depressive disorder, single episode, Axis II:  301.9, personality disorder, not otherwise specified, and Axis III:  reported knee, back and GI problems.  On 28 March 2000, 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.  He was advised of his rights.  The applicant consulted with legal counsel and was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 1 June 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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 he submitted, the analyst recommend 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 personality disorder, not other wise specified.  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.  Furthermore, if the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.   Therefore, the narrative reason for discharge remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 May 2007              
Location: Tampa, FL

Did the Applicant Testify?  Yes     No  

Counsel: Yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted two independent psychological evaluations in support of his testimony.

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 his testimony, the two independent psychological evaluations submitted by the applicant, and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was improper.  The Board found that the applicant was undergoing behavioral medicine counseling due to his insomnia, and that the medication that was prescribed for him was not working.  He was then recommended for a psychological evaluation.  Subsequently, the applicant was evaluated by competent medical authority and diagnosed: AXIS I: 296.23 Major Depressive D/O Single Episode, AXIS II: 301.9 Personality D/O NOS, AXIS III: Reported Knee, Back and GI problems.  The findings indicated that there is no evidence of mental defect, emotional illness or psychiatric disorder of sufficient severity to warrant disposition through military medical channels, and was psychiatrically cleared.  The Board presumes that the basis for the applicant’s discharge was a single episode of a major depressive disorder and not a “Personality Disorder.”  In view of the foregoing, the Board voted to grant relief by changing the narative reason for discharge to "Other Designated Physical or Mental Conditions" under the provisions of Chapter 5-17, AR 635-200, with a corresponding SPD code of "JFV."     

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: "Other Designated Physical or Mental Conditions" under the provisions of Chapter 5-17, AR 635-200, with a corresponding SPD code of "JFV."   
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: 


MARY E. SHAW				DATE: 8 June 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060017770

Applicant Name:  Mr.        
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