Applicant Name: ?????

Application Receipt Date: 070830	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 149 and attached documents submitted by the applicant.

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: 070716
Discharge Received:     Date: 070821   
Chapter: 5    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: A Co, 1-187 IN, Fort Campbell, KY 42223 

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
Year/Month:  8507  
HOR City, State: Belmont, MI
Current ENL Date: 040810    Current ENL Term: 4 Years  17 Weeks
Current ENL Service: 03  Yrs, 00 Mos, 12 Days ?????
Total Service:  03  Yrs,  00Mos, 12 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 107   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050915-060822)
Decorations/Awards: ARCOM, AAM, NDSM, ICM, GWOTSM, ASR, OSR, CIB

V.  Post-Discharge Activity
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 29 May 2007, the applicant was diagnosed by competent medical authority with a disorder of Axis I:  an adjustment disorder; Axis II:  deferred, and Axis III:  non-contributory.  On 16 July 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 personality disorder, diagnosed by a medically qualified psychiatrist with an adjustment disorder with mixed emotional features 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, waived his right to have his case heard by an administrative separation board, and did not submit a statement in his 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.  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 and the issue he submitted, the analyst determined that the narrative reason for discharge is improper.  The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed with an adjustment disorder, and  recommended for separation under the provisions of Chapter 5-17.  The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, (diagnosed with an adjustment disorder with mixed emotional features), with an honorable discharge.  Not withstanding the fact that all the records pertaining to the applicant's discharge process were under the provisions Chapter 5-13, personality disorder, the basis for the applicant's discharge was an adjustment disorder and not a personality disorder.  An adjustment disorder is not considered to be a personality disorder under the provisions of DSM-IV diagnostic criteria.  In view of the foregoing, the analyst recommends to the Board to change the narrative reason for separation to "condition, not a disability" with the corresponding SPD Code of "JFV" and the separation authority to paragraph 5-17, on the applicant's DD Form 214.     

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 20 August 2008              
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: 	       	Proper	 	Improper	
      Equitable	 	Inequitable	                                                                                                                                                                                        

DRB voting record:  		      Change 0    No change 0   - Character
		 			      Change 5    No change 0   - 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 is improper.  Accordingly, the Board voted to grant relief by changing the narrative reason for separation to "condition, not a disability" with the corresponding SPD Code of "JFV" and the separation authority to paragraph 5-17, on the applicant's DD Form 214.     





















								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: "Condition, Not A Disability" with the corresponding SPD Code of "JFV" and the separation authority to paragraph 5-17, under provisions of AR 635-200.
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 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012303
______________________________________________________________________


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