Applicant Name:  ?????

Application Receipt Date: 2008/06/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed 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: 940314
Discharge Received: 			   Date: 940405   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHC, 1st Battalion, 128th Aviation Brigade, Fort Kobbe, Panama 34001-5000. 

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:  18
Current ENL Date: 911015    Current ENL Term: 4 Years  The applicant extended his enlistment for 7 months, which gave him a new ETS date effective: (960514).
Current ENL Service: 	2 Yrs, 5 Mos, 21 Days ?????
Total Service:  		4 Yrs,  4  Mos,  1  Days ?????
Previous Discharges: 	USAR 891204-910614/NA
                                       IADT  910618-910820/Unchar
                                       USAR 910921-911014/NA
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 93P100000 Flight Op Coord   GT: 113   EDU: HS Grad   Overseas: Panama (930408-940405)   Combat: None
Decorations/Awards: AAM (3), NDSM, ASR, C/A

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 February 1994, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed mood, and with a personality disorder not otherwise specified (NOS). Further, the psychiatrist stated that due to the above disorder, it is evident that the soldier will have longstanding difficulties adapting emotionally to military life and recommended separation under the provisions of Chapter 5, AR 635-200.  On 14 March 1994, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, AR 635-200, paragraph 5-13, by reason of personality disorder, in that you have been diagnosed as having a personality disorder of such severity that it impairs your ability to perform your daily military dutie, with an honorable discharge.  He was advised of his rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 an honorable discharge.  On 16 March 1994, the separation authority directed that the applicant be discharged with a characterization of service of fully honorable, and indicated that the applicant will not be transferred to the Individual Ready Reserve (IRR). 

       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, the issue and documents he 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 an adjustment disorder with a depressed mood, and a personality disorder not otherwise specified (NOS).  The unit commander appropriately initiated separation action 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 noted the applicant's issue indicating he wanted his narrative reason changed to hardship; however, the narrative reason specified by Army Regulations 635-200 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: 17 November 2008         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: /Observer 

Exhibits Submitted: None 













VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the applicant's narrative reason for 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 0
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 AR20080010783
______________________________________________________________________________


Page 2 of 3 pages