Applicant Name:  ?????

Application Receipt Date: 080125	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: "The applicant states that one of the doctors I seen on Ft. Leonard Wood diagnosed me with a personality disorder (which I do not have), another doctor disagreed with that doctor.  I would like to change my reenlistment code to 1.  I want to reenlist asap.  I dont like civilian life and miss the Army.  I have proof that I do not have a personality disorder with documentation."

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: 070801
Discharge Received: 			   Date: 070810   Chapter: 5-13     AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: 787th MP Co, Fort Leonard Wood, MO 

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: 070319    Current ENL Term: 5 Years  ?????
Current ENL Service: 	00 Yrs, 04Mos, 22Days ?????
Total Service:  		00 Yrs, 04Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 95   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Warsaw, IN
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 20 June 2007, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct 309.4 and a borderline personality disorder 301.83.  On 1 August 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 a personality disorder.  She was diagnosed by a medically qualified psychiatrist as suffering from a  borderline personality disorder and adjustment disorder with mixed disturbance of emotions and conduct.  This is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ablility to perform duty and further attempts to train are not justified, with an uncharacterized separation of service.  She was advised of her rights.  The applicant waived legal counsel, 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 uncharacterized discharge.  On 7 August 2007, the separation authority directed that the applicant be discharged with an uncharacterized separation of service.
       
       Further analysis of the record shows that the unit commander notified the applicant of initiation of separation action by reason of  "other designated physical or mental conditions."  The mental status evaluation remarks section indicated that  the applicant's condition meets the criteria set forth in AR 635-200, Chapter 5-17 or 5-13 for administrative separation.  The evidence of record shows that the unit commander initiated separation action under the provisions of paragrah 5-13, and quoted the incorrect paragraph in the notification memorandum, which should have been Chapter 5-13, by reason of a "personality disorder."

       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 issues and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed  with a borderline personality disorder, an adjustment disorder with mixed disturbance of emotions and conduct.  The unit commander subsequently recommended separation from the service under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of a personality disorder, with service uncharacterized.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when her separation is initiated while the Soldier is in entry-level status.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue; however, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service to include her reentry eligibility (RE) code were both proper and equitable and recommends to the Board to deny relief.   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 19 November 2008         Location: Washington, DC

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: No Change
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070019019
______________________________________________________________________________

Page 1 of 3 pages