Applicant Name:  ?????

Application Receipt Date: 2009/05/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant's states, "I was married in Dec 05 in CS, CO to a woman whom I had been dating for two years. Unexpectedly in Jan 06, 2 days after the New Year, she left me and returned to MS to reside along with my first child, not yet born. When this happened, I turned to a few of my NCOs in E Co, 1/9 Inf Bn for guidance. None of them had ever experienced this before, so they could offer no guidance to me during my time of shock and turmoil, leaving me, a young Soldier, to cope with that situation on my own. As hard as it was, I continued to perform my duties and become one of the few young Soldiers to accel in physical training, often being placed in front of the entire company to lead pt at least three days per week. Shortly afterwards, my wife sought out help from JAG of Camp Shelby, MS, at which time she was advised to obtain monies from me due to her status as the wife of a Soldier. In Feb, she and I had come to an agreement that I would send her $250 per month, buy clothes for the new child, and send them. This was a deal that I thought was fail proof and I quickly began to uphold my end of the deal. She accepted this with the realization that I was left to pay for my off post housing and all bills therein including fuel, lights, water, monthly rent of $735, food because I possessed no meal card from the Army, and any other unavoidable expenses incurred. I could not get out of the contract for the apartment because it would have cost me more to do so; therefore, I was left to fend for myself. Upon counseling from JAG of Camp Shelby, MS, she realized that she could receive more pay from me for $ 535 per month, and that is was she did. A demand for payments was forwarded to my commander and I was instructed to immediately setup payments that drafted from my check directly to her account in MS. Right then I made my commander aware of the financial strain this would cause me due to all bills incurred. He then informed me that he could not help me, and that this was above his leadership. To make ends meet I began borrowing from a cash advance firm, in which one, the borrower, writes a check and the firm holds it until one brings cash. This became a revolving door that I found myself stuck in. I finally cleared it off right before I was to leave Colorado with monies borrowed from my mother in that resided in AL, and another Soldier who had attended AIT with me, and whom had become a very close friend and battle buddy. Shortly afterwards, I received divorce documents in the mail from my now ex-wife’s legal representative in Hattiesburg, MS. Again, an unexpected event. I did not sign the papers because I did not want a divorce. 
     Other strains began to occur at work. Upon the information that 1/9 Inf BN would be deployed, training commenced immediately to prepare the unit for deployment. Having a significant amount of leadership that had never been deployed put strains on the entire unit. Days became chaotic because so few of the leadership had never experienced a deployment; therefore, everything that had to be accomplished was left on the shoulders of those NCOs who knew how to perform these tasks’. I was not the only one placed under a mental strain; however, I was the only one that was placed under a mental strain with those circumstances in the above statements, and could not receive proper counseling due to a lack of people who knew how to help my situation. Now I had a divorce pending, a lack of income, owed money to those who had the heart to lend it to me, and the everyday strains of preparing for deployment.
     During this chaotic time, I was subjected to the death of a close friend and battle buddy due to a live fire accident on a field training exercise. PFC TM was killed when he was struck by a .50 caliber automatic machine gun round. The weapon had been loaned out to our sister unit, whom we supported, for a night live fire-training event. Obviously, the weapon was not cleared properly before being returned to E Co. There was a round lodged in the chamber that did not properly fire and what was commonly known as “cooking off”. Upon reception, a detail was assembled to perform maintenance for the weapon as well as two other weapons that were loaned out that involved PFC TM and I. After moving two other weapons, PFC TM, along with another Soldier, grabbed the damaged weapon unknowingly. Upon a slight bump of the heavy weapon on the tailgate of a humvee, the round fired and struck PFC TM in the upper thigh, striking his femoral artery, a major blood highway to the bodies lower extremities. The death of PFC TM did hurt me, but did not hinder me mentally, as death was an understanding when serving my country. It was all of the above mentioned along with this traumatic event, and the lack of help that I received from my leadership during these close months of peril. I am now divorced, have had some college and have seeked my own mental counseling to be cleared from this personality disorder. On 1 AUG 08, I was cleared of having any mental defects whatsoever by a Veteran’s Administration psychiatrist. I did this in my defense so that I could hopefully be granted clearance to enter into the US Army once again, an Army that I was devoted to and wanted to retire from, and still do. Even though I felt that I could have been handled a little better, I have no regrets of ever being a service to my country. I am asking for another opportunity to be afforded to me to do what I loved from the time I entered service at the age of seventeen until now. To whom this concerns, please give me a chance at life inside the military of the United States again, and again I will gladly raise my right hand to protect this nation".

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: 060810
Discharge Received: 			   Date: 060905   Chapter: 5-13      AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: E Co, 1-9th Inf Rgt, Ft Carson, CO 

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:  19
Current ENL Date: 040714    Current ENL Term: 3 Years  5 months extension (050907)
Current ENL Service: 	2 Yrs, 01Mos, 22Days ?????
Total Service:  		4 Yrs, 05Mos, 14Days ?????
Previous Discharges: 	ARNG 020722-040713/HD
                                        IADT 030603/031002/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Op/ 13M10 MLRS/HIMARS Crew   GT: 110   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR

V.  Post-Discharge Activity
City, State:  Hattiesburg, MS
Post Service Accomplishments: None submitted by the appplicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 3 August 2006, the applicant was diagnosed by competent medical authority with an adjustment disorder, alcohol abuse with mixed personality disorder.  
       On 10 August 2006, 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 authority as suffering from an adjustment disorder, alcohol abuse and mixed personality disorder, 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.  
       He was advised of his rights.  The applicant 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  
       On 17 August 2006, 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 military records during the period of enlistment under review and the issue and documents 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, alcohol abuse with mixed personality disorder. 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.  
       Further, 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 if appropriate.  
       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: 23 April 2010         Location: Atlanta, GA

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

Case Number AR20090008385
______________________________________________________________________________


Page 1 of 4 pages