Application Receipt Date: 071129	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 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: 060729
Discharge Received:     Date: 060918   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: Co B, 2nd Bde STB, Fort Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060501, wrongfully possessing paraphernalia to unlawfully ingest marijuana (060331), wrongfully used marijuana (060301-060331), reduction to E-2, $713 x 2 (suspended), restriction for 45 days, and extra duty for 45 days (FG). 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  830719  
Current ENL Date: 030805    Current ENL Term: 5 Years  ?????
Current ENL Service: 03  Yrs, 01 Mos, 14 Days ?????
Total Service:  03  Yrs, 01 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 91B1P CI Agent   GT: 122   EDU: HS Letter   Overseas: Southwest Asia   Combat: Iraq (041221-050629)
Decorations/Awards: ARCOM, NDSM, ICM, GWOTSM, ASR, CAB
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 30 June 2006,  the applicant was diagnosed by competent medical authority with a disorder of Axis I:  Adjustment Disorder with Mixed Disturbance of Mood and Conduct; Axis II:   Personality Disorder Not Otherwise Specified:  Axi III:  No Diagnosis.  On 29 July 2006, 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 a personality disorder, (he was diagnosed by a medically qualified psychiatrist with having a personality disorder, received a Field Grade Article 15 on (060501) for violation of Article 92 UCMJ, and violation of Article 112 UCMJ ), with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with legal counsel and was advised of the impact of the discharge action, and submitted 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 a general, under honorable conditions discharge.  On 28 August 2006, the separation authority 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 for the period of enlistment under review, the issue and documents that he submitted, the analyst determined that the characterization of service is improper.  The analyst noted that the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a personality disorder.  However, Army Regulation 635-200, Chapter 5, paragraph 5-13h, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section III.  In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service 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: 6 February 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: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 5    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 and considering the analyst’s recommendation and rationale, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the 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: 7 February 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017712

Applicant Name:      
______________________________________________________________________


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