Applicant Name: ?????

Application Receipt Date: 080103	

Prior Review    Prior Review Date: 050509/Records Review

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: 040331
Discharge Received:     Date: 040513   
Chapter: 5    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: 149 Trans Co, Fort Eustis, VA 23604 

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:  8201  
HOR City, State: Tampa, FL
Current ENL Date: 020913    Current ENL Term: 2 Years  ?????
Current ENL Service: 01  Yrs, 08 Mos, 01 Days ?????
Total Service:  04  Yrs, 01 Mos, 02 Days ?????
Previous Discharges: RA-000412-020912/HD
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 92Y20 Unit Supply Spec   GT: 114   EDU: HS Grad   Overseas: Germany/Southwest Asia   Combat: Kuwait (030426-31015)
Decorations/Awards: AAM, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR 

V.  Post-Discharge Activity
Post Service Accomplishments: The applicant stated she is currently employed as a Logistics Management Specialist for the U.S. Department of State.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 15 March 2004, the applicant was diagnosed by competent medical authority with an adjustment disorde of Axis I:  Depressive Disorder Not Otherwise Specified; Axis II: Borderline Personality Disorder.  On 31 March 2004, 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 with a depressive disorder and a borderline personality disorder.  The unit commander recommended an honorable discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 28 April 2004, 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 during the period of enlistment under review and the issue she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted that the applicant was diagnosed by competent medical authority with a depressive disorder and a borderline personality disorder.  The unit commander appropriately 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.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  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 paragraph 5-13, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "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: 4 August 2008              
Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: The American Legion
                 c/o Ms. Queen Baker 
                 1608 K Street NW
                 Washington, DC 20006

Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted five additional pages of documents in support of her personal appearance hearing.




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 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, hearing her testimony and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.























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

Case Number AR20070018951
______________________________________________________________________


Page 1 of 5 pages