Applicant Name: ?????
Application Receipt Date: 2008/05/14 Prior Review: Prior Review Date: NA
I. Applicant 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?
Tender Offer: NA
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 071016
Discharge Received: Date: 071101 Chapter: 5-13 AR: 635-200
Reason: Personality Disorder RE: SPD: JFX Unit/Location: HHC, 3-1st STB, Fort Riley, KS
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 19
Current ENL Date: 060823 Current ENL Term: 2 Years 30 Weeks
Current ENL Service: 01 Yrs, 02Mos, 09Days ?????
Total Service: 01 Yrs, 02Mos, 09Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 68W10 Health Care Spec GT: 114 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM,ASR
V. Post-Discharge Activity
City, State: Framingham, MA
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicant's record is void of the diagnosis by competent medical authority and the analyst presumed Government regularity in the discharge process. On 16 October 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 which interferes with assignment or with performance of duty, for being diagnosed by a medically qualified psychiatrist with suffering from major depression with psychosis and dysthymia, with a general, under honorable conditions discharge. 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 a general, under honorable conditions discharge. On 22 October 2007, 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 Soldiers 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 applicants military records during the period of enlistment under review, the issue and documents that she 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: 4 March 2009 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service is improper. The Board 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. 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.
IX. Board Decision
XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Colonel, U.S. Army
X. Board Action Directed 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 AR20080007916
______________________________________________________________________________
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