Applicant Name:  ?????

Application Receipt Date: 2008/09/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 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: 	NIF   Date: NIF
Discharge Received: 			   Date: 971001   Chapter: 5-13      AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: B Co, 226th  

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:  24
Current ENL Date: 960513    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 04Mos, 19Days ?????
Total Service:  		04 Yrs, 11Mos, 12Days ?????
Previous Discharges: 	RA-921020-960512/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 76J10 Medical Supply Spec   GT: 108   EDU: HS Grad   Overseas: Germany/Honduras   Combat: None
Decorations/Awards: JSAM, AGCM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  Memphis, TN
Post Service Accomplishments: The applicant claims that she is a recent college graduate.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  The DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of  personality disorder, with an honorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code  of "3."  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 available military records during the period of enlistment under review and the issues she submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge.  Furthermore, the analyst noted the applicant's issue; however, the narrative reason specified by Army Regulations 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.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  Finally, the analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army and the analyst presumed Government regularity as aforemntioned in the OSA Form 172.  If the applicant desires to appear before a personal appearance Board, the burden of proof remains with the applicant to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration.  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: 10 June 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 narrative 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 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: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080013737
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