Applicant Name:  ?????

Application Receipt Date: 2008/07/14	Prior Review:     Prior Review Date: 080516, ADRB Records Review

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states "I feel I was wrongfully discharged with a personality disorder.  I have since had subsequent evaluations and counseling that have informed me that I was suffering from PTSD at that time.  I no longer suffer from PTSD. I have also re-enlisted in the Montana Army National Guard and have been serving on active guard status since 2007.  I love my country and I love the Army.  I plan to be a career soldier.  It is my opinion that upon returning from Iraq I could have used counseling instead of a quick discharge.  I would just like to make this right."

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: 050419
Discharge Received: 			   Date: 050503   Chapter: 5-13      AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: 47th Combat Support Hospital, Fort Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 020212    Current ENL Term: 04 Years  (Moral waiver for assault)
Current ENL Service: 	03 Yrs, 02Mos, 22Days ?????
Total Service:  		03 Yrs, 02Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 91W10/Health Care Specialist   GT: 124   EDU: GED   Overseas: SWA   Combat: Iraq (031114-041102)
Decorations/Awards: ARCOM, AAM, NDSM, ICM, GWOTSM, ASR, OSR-2, CMB

V.  Post-Discharge Activity
City, State:  Florence, MT
Post Service Accomplishments: Records show that the applicant enlisted in the Army National Guard (070725) for a period of one year and on 071208 extended his enlistment six years giving him a ETS date of 140724.









VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that on 28 February 2005, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Occupational Problem; Combat Stress Reaction; History of polysubstance abuse and recent reported misuse in Iraq; Axis II: Personality Disorder Not Otherwise Specified with Antisocial and Narcissistic features.  On 19 April 2005, 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 of such severity as to interfere with his being able to adequately serve in the U.S. Army, 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.  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, the documents and the issues he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  The analyst noted that the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed distrubance of emotions and conduct and personality disorder not otherwise specified with borderline features.  The unit commander properly 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.  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 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.  Further, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and no evidence to support it has been submitted by the applicant, that the discharge was the result of Post Traumatic Stress Disorder.  Additionally, the analyst acknowledges the applicant's issue outlining his successful accomplishments since separation from active duty, the applicant is to be commended for his efforts.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the narrative reason for discharge.  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: 14 September 2009         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: None 

Exhibits Submitted: The applicant submitted 4 pages of additional documents in support of his hearing.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review, the additional documents submitted, hearing his 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 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
X.  Board Action Directed					         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 AR20080011677
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