Applicant Name: ?????
Application Receipt Date: 2009/02/13 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting 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: 070118
Discharge Received: Date: 070130 Chapter: 5-13 AR: 635-200
Reason: Personality Disorder RE: SPD: JFX Unit/Location: E Co, 1/1st Aviation Regiment, Ft Riley, KS
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: 23
Current ENL Date: 060302 Current ENL Term: 4 Years 22 weeks
Current ENL Service: 0 Yrs, 10Mos, 29Days ?????
Total Service: 1 Yrs, 00Mos, 12Days ?????
Previous Discharges: RA 031021-031203/UNC
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 92F/Petroleum Supply Sp GT: 99 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR
V. Post-Discharge Activity
City, State: St. Louis, MO
Post Service Accomplishments: None submitted by the applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 27 November 2006, the applicant was diagnosed by competent medical authority with a personality disorder not otherwise specified (NOS). 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 in that the applicant would not respond to command efforts of rehabilitation or to any behavioral health treatment method currently available in any military behavioral health facility. 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. He was advised of his rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action, and submitted 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 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 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 personality disorder not otherwise specified. 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 "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: 6 November 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 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 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: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090006325
______________________________________________________________________________
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