Applicant Name:  ?????

Application Receipt Date: 2008/08/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I joined the military at a very young age of 17 under the delayed entry program.  I was immature, sensitive, gullible, and ignorant at the time.  I was not mentally ready to face the life-changes needed to become a soldier.  In basic training I was unable to adapt to the lifestyle of a soldier.  I took a case of homesickness and ran with it, pleading to the mental health specialists that I was suicidal.  I fabricated a story of having suicidal thoughts while knowing that I just wanted "out" of training.  However, it was a simple case of myself being unable to become an "adult" and face pressure.  However, after 7 years and a successful college career followed by traveling the world, I am now a strong well rounded individual who is seeking a career in Criminal Justice, specifically with the Department of Defense as a Civilian Police Officer at MCAS Miramar.  I would like my discharge "waived" or changed so I will not have a reason as to hinder my progress as I partake in background checks and interviews.  I am not looking for any type of Veterans Preference, I do not deserve that.  I am a lawful citizen and this is the only blemish on my record.  I have regreted the decision I made 7 years ago everyday and wish this will not affect my employment as a Federal Employee." Thank You, 

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: 010803
Discharge Received: 			   Date: 010809   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: Retraining and Holding Unit, TSB, 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: 010718    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 00Mos, 22Days ?????
Total Service:  		00 Yrs, 00Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

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



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 3 August 2001, the applicant was diagnosed by competent medical authority with a personality disorder, not otherwise specified (NOS).  On  3 August 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of personality disorder, for demonstrating character and behavior characteristics that are not compatible with satisfactory performance.  The applicant was determined to have symptoms of personality disorder with mixed feeling of entitlement, drastic mood swings, anger management and difficulty dealing with authority figures, this condition is likely to be characterized by continued behavioral discontrol, poor productivity and possible suicidal gestures during severe emotional stress.  Further attempts to train are not justified.  The unit commander recommended an uncharacterized discharge.  He was advised of his rights.  The applicant waived 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 uncharacterized discharge.  On 22 January 2003, the separation authority directed that the applicant be discharged with an uncharacterized separation of service.

       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 issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of reords shows that the applicant has a mental status evaluation by competent medical authority diagnosing him with a personality disorder,not otherwise specified (NOS).  The unit commander subsequently recommended separation under provisions of  Chapter 5, Paragraph 5-13, AR 635-200, by reason of personality disorder, with  service uncharacterized.  The applicant’s service was uncharacterized because he was in an entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  An honorable discharge is not authorized under ELS conditions.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  Furthermore, the analyst noted the applicant's issue and determined that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, this is not an adverse separation action and denotes only that the individual had less than l80 days on active duty.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service 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: 29 May 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 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
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 AR20080013368
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