Applicant Name: ?????
Application Receipt Date: 081010 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: Narrative reason for separation See enclosed DD Form 149 and 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: NIF
Discharge Received: Date: 070518 Chapter: 5-13 AR: 635-200
Reason: Personality Disorder RE: SPD: LFX Unit/Location: 1744th Trans Co Marseilles, IL
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: 25
Current ENL Date: OAD/060623 Current ENL Term: NIF Years ?????
Current ENL Service: 0 Yrs, 10Mos, 26Days ?????
Total Service: 5 Yrs, 3Mos, 12Days ?????
Previous Discharges: IADT020227-020906/ HD
ARNG 020207-070518/ HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 88M10 Motor Transport GT: 111 EDU: HS Grad Overseas: None Combat: Kuwait/Iraq (060913-070120)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, ARFRM
V. Post-Discharge Activity
City, State: Sterling, IL
Post Service Accomplishments: Nothing listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. 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. Her DD Form 214 indicates that she was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200, for personality disorder, with a character of service as honorable. Furthermore, the DD Form 214 shows a Separation Code of LFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3. On 15 May 2007, Orders 135-0157, DA, HQ, US Army Armor Center and Fort Knox, Fort Knox, KY discharged the applicant from the Reserve of The Army, effective date: 18 May 2007. Furthermore, the record contains an NGB 22 that indicates the applicant was discharged from the ARNG and as a Reserve of the Army on 18 May 2007 for a personality disorder.
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 and the issue she 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. 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 "LFX." 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. Furthermore, 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 any medical condition. 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: 090213 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 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 AR20080015863
______________________________________________________________________________
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