Application Receipt Date: 070830

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached DD Form 293.

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: 060630
Discharge Received:     Date: 060810
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 22d
Infantry Regiment, Camp Liberty, Iraq, APO AE 09344

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060505/Disrespectful in deportment
towards a nocommissioned officer (SFC) on or about (060411), derelict in
the performance of his duties on (060411), and making a false official
statement to the 1SG on or about (060310)/(Company Grade)

A continuation sheet of a second Article 15 was found in the applicant's
available records, no first page of that document was found.  However, the
unit commander's recommendation memorandum does make reference to the
applicant receiving a Field Grade Article 15 on (060623) for disrespect in
deportment towards several noncommissioned officers, numerous disobeying
orders from noncommissioned officers, numerous disrespect in language
towards noncommissioned officers, and for using a provoking gesture towards
the 1SG.

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

Counseling Records Available: Yes    No

IV.  Soldier’s Overall Record
DOB:  860912
Current ENL Date: 041026    Current ENL Term: 03 Years  18 Weeks
Current ENL Service: 01 Yrs, 09Mos, 15Days      
Total Service:  01 Yrs, 09Mos, 15Days      
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No
MOS: 13F10 (Fire Support Specialist)   GT: 125   EDU: NIF   Overseas:
Southwest Asia   Combat: Iraq (051213-060726)
Decorations/Awards: NDSM, GWOTEM, 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 29 June 2006, the applicant was
diagnosed by competent medical authority with a disorder of Axis 1; no
diagnosis, Axis II; schizotypal personality disorder, Axis III: none, Axis
IV: occupational & relationship problems, Axis V: GAF=50 (Current), and
recommended separation from the service under Chapter 5-13.  On 30 June
2006, 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 a general, under honorable conditions discharge.
 He was advised of his rights.  The applicant waived legal counsel, 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 a general, under
honorable conditions discharge.  On 3 July 2006, the separation authority
waived further rehabilitative efforts and directed that the applicant be
discharged with a characterization of service of general, under honorable
conditions.





      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, and
the issue he submitted, the analyst noted that the applicant was evaluated
by competent medical authority and diagnosed with a personality disorder
(schizotypal personality disorder), and recommended that the applicant be
immediately separated under the provisions of Chapter 5, Paragraph 5-13, AR
635-200 by reason of a personality disorder.  Army Regulation 635-200,
Chapter 5, Paragraph 5-13 (h), indicates that the service of a Soldier
separated under this provision will be characterized as honorable.  In view
of the foregoing, the analyst determined that the characterization of
service was and is improper.  Accordingly, the analyst recommends that the
applicant's characterization of service be upgraded to fully honorable.
However, the analyst determined that the reason for discharge was fully
supported by the record and therefore, remains both proper and equitable.



VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing:                  Date: 26 October 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          No change         -
Character
                                   Change          No change         -
Reason
                                   (Board member names available upon
request)

IX.  Board Discussion, Determination, and Recommendation
     

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:      
Other:      
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: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder