Applicant Name:  ?????

Application Receipt Date: 2009/04/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I am planning to apply for a job with the police department and one of the requirements is to have an honorable discharge."

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: 050614
Discharge Received: 			   Date: 050622   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: B Co, 1-35 AR Rgt, Baumholder, GE 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050325, failure to report (040111), disobeyed a lawful order from an NCO (040112), reduction to E-1, forfeiture of $288, 14 days extra duty and restriction (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  26
Current ENL Date: 040715    Current ENL Term: 3 Years  17 weeks
Current ENL Service: 	00 Yrs, 11Mos, 08Days ?????
Total Service:  		01 Yrs, 01Mos, 02Days ?????
Previous Discharges: 	USMC (dates not legible)/UNC
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 19K10/Armor Crewman   GT: NIF   EDU: HS Grad   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
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 February 2005, the applicant was diagnosed by competent medical authority with a disorder of Axis I:  Adjustment Disorder with depressed mood, Axis II: Personality Disorder with narcissistic traits.  On 14 June 2005, 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 a personality disorder, and for his lack of motivation, failures to report, failed the APFT, and for having received a company grade Article 15, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant consulted with 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 a general, under honorable conditions discharge.  On 15 June 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.

       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 for the period of enlistment under review and the issue he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted that the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  
       
       Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section III.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 15 January 2010         Location: Washington, D.C.

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 characterization of service is improper.  The Board noted that the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  Army Regulation 635-200, Chapter 5, Paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section III.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    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 AR20090007675
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