Applicant Name: ?????

Application Receipt Date: 070917	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 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: 030410
Discharge Received:     Date: 030606   
Chapter: 5-13    AR: 35-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: 28th Transportation Battalion, CMR 418, APO  AE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070203, willfully disobey a lawful order issued by a SPC (021208),  reduction to E2, forfeiture of $301.00, 14 days extra duty and 14 days restriction.  The DA Form 2627, continuation sheet is not included in the official record. (CG) 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  77/12  
HOR City, State: Fairbanks, AK
Current ENL Date: 010508    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 00Mos, 29Days ?????
Total Service:  02 Yrs, 00Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Transport Op   GT: 108   EDU: 13 years   Overseas: Germany   Combat: None
Decorations/Awards: ASR, NDSM, OSR

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  the applicant was diagnosed by competent medical authority with a personality disorder not otherwise specified (NOS) with borderline personality traits.  On 10 April 2003, 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.  It was also concluded that efforts to rehabilitate or develop her into a satisfactory member of the military would be unsuccessful or unlikely.  The unit commander recommended an honorable discharge.  She was advised of her rights.  The applicant consulted with legal counsel and was advised of the impact of the discharge action, and did not submit 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 29 May 2003, 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.
      
      determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The analyst noted that the applicant's record indicates she was diagnosed by competent medical authority with a personality disorder not otherwise specified with borderline features.  The unit commander properly initiated discharge proceedings under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of personality disorder, with a characterization of service of honorable.  Furthermore,  the analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Separation Because of Personality Disorder", and the separation code is "JFX."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  In view of the foregoing, 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: 1 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None




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.

								        
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: 1 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012949
______________________________________________________________________


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