Applicant Name:  ?????

Application Receipt Date: 081017	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD form 293 and supporting documentation submitted by the Applicant.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   None

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 930913
Discharge Received: 			   Date: 931005   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: C Co., Madigan Army Medical Center, AMEDD, Ft. Lewis, WA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 920929, False Swearing to wit: "I noticed my sound equipment had been stolen" which statement he did not then believe to be true (920901); Reduction to E2, 14 days restriction (both suspended until 29 March 93), forfeiture of $205.00, 14 days extra duty (CG).

930119, Vacation of Article 15 suspension dated 920929; Failure to go at the time prescribed to his appointed place of duty, to wit: logistics section (921125); Reduction to E1, 14 days restriction (both suspended until 18 July 93), 14 days extra duty (CG). (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 920408    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 05 Mos, 28 Days ?????
Total Service:  		01 Yrs, 09 Mos, 18 Days ?????
Previous Discharges: 	ADT  910619-910809/UNC 
                                       ARNG 900517-920407/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 76J  Med Sply Spec   GT: 117   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ASR, NDSM (decorations/awards are not listed on the Applicant's DD Form 214)

V.  Post-Discharge Activity
City, State:  Fayetteville, AR
Post Service Accomplishments: Applicant submitted letters of recommendation with his application.







VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 10 August 1993, the Applicant was diagnosed by competent medical authority with a personality disorder.  On 9 September 1993, 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, diagnosed by a medically qualified psychiatrist, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army.  It was also concluded that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful or unlikely.  The unit commander recommended an honorable discharge.  The Applicant was advised of his rights, consulted with legal counsel and 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.  On 17 September 1993, 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 the Applicant’s military records during the period of enlistment under review and the issue 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 disturbance 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.  Furthermore, at the time of discharge the Applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the Applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.    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: 24 March 2009         Location: Dallas, TX

Did the Applicant Testify?  Yes     No  

Counsel: No

Witnesses/Observers: Yes 

Exhibits Submitted: No 


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 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: No Change
Other: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080016158
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