Applicant Name:  ?????

Application Receipt Date: 2007/12/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that he appealed his discharge and it was changed to a medical discharge and the DD Form 214 still says uncharacterized with a narrative reason of "personality disorder".  He asks that it be changed to a medical discharge.  He provides a document that summarizes actions taken by the VA for the Board's review.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: Not in file (NIF)
Discharge Received: 			   Date: 930128   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: E Co, 2-28 IN Regt, Fort Jackson, SC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 921201    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 01Mos, 28Days ?????
Total Service:  		00 Yrs, 01Mos, 28Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 114   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Lebanon, PA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, for personality disorder, with service uncharacterized.  Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3.  On 25 January 1993, Orders 015-158, DA, HQ, US Army Training Center and Fort Jackson, Fort Jackson, SC discharged the applicant from the Regular Army, effective date: 28 January 1993.
       
       

       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 available records for the period of enlistment under review, and the issue and document he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge or a change to the narrative reason for his separation.  The applicant’s record is void of the specific documents, facts, and circumstances concerning the events that led to his separation from the Army and the analyst presumed government regularity in the discharge process.  The separation action was initiated while he was in entry-level status and a soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a soldier’s service will be uncharacterized when the separation is initiated while the soldier is in entry level status.  Further, for soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable characterization. Furthermore, 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.  Therefore, the analyst determined that the reason for discharge and the characterization of service remain both proper and equitable and recommends to the Board to deny relief.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 October 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA

VIII.  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.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017810
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