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Decision Text

ARMY | DRB | CY2007 | AR20070005516aC071121

Application Receipt Date: 070419

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: 070119
Discharge Received:     Date: 070223
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: B Company, 319th Military Intelligence Battalion, 525th
Military Intelligence Brigade, 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:  711129
Current ENL Date: 050203    Current ENL Term: 4 Years       
Current ENL Service: 02  Yrs, 00 Mos, 21 Days      
Total Service:  02  Yrs, 00 Mos, 21 Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 97E10 Human Intelligence Collector   GT: 114   EDU: College Transcript
  Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, 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 21 December 2006,  the applicant was
diagnosed by competent medical authority with a disorder of Axis I:  v71.09
No Diagnosis; Axis II:  301.20 Schizoid Personality Disorder, and Axis III:
 None Impacting.  On 19 January 2007, 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 schizoid 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.  The applicant submitted 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 6 February 2007, 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 schizoid personality disorder and was appropriately
recommended for separation under provisions of AR 635-200, Chapter 5,
paragraph 5-13.  The unit commander subsequently recommended separation
under provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a
schizoidpersonality disorder, with a general, under honorable conditions
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, she should contact the
local recruiter to determine her 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 was
both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 5 November 2007
Location: Washington, DC

Did the Applicant Testify?  Yes     No

Counsel:      

Witnesses/Observers:      

Exhibits Submitted:      



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, hearing her testimony, 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:      
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

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