Applicant Name:  ?????

Application Receipt Date: 2009/07/02	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: " I, was admitted to Tripler Army Medical Center between the dates of 2000 and 2001.  There, a physiatrist diagnosed me with borderline personality disorder and prescribed me with medication.  Upon leaving the hospital I received my discharge papers.  One of the documents from the hospital records was a formal recommendation for immediate military release based on my diagnosis.  

I have been admitted to several hospitals since my release from the military because I haven't had the proper medication that was prescribed at Tripler.

Also when I was release to my unit from the hospital they reassigned me to another MOS.  This also made my condition worse because I wanted to work the MOS I originally signed up for.  

If you review my records you'll see that I was the model Soldier.  I won the Soldier of the month award and performed my duties to the best of my abilities."

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: 010416
Discharge Received: 			   Date: 010619   Chapter: 14-12b       AR: 635-200
Reason: Pattern of Misconduct	   RE:     SPD: JKA   Unit/Location: C Co, 125th Sig Bn, Schofield Bks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 010319, Disobeying a lawful order from a senior noncommissioned officer x 2 (010115) and disorderly conduct (010220), reduction to E1; forfeiture of $500.00 pay per month for two months; and extra duty and restriction for 45 days, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 990713    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 07Days ?????
Total Service:  		01 Yrs, 11Mos, 07Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 31R10/Mobile Subscriber Equipment Transmission System Op   GT: 117   EDU: GED   Overseas: Hawaii   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  Silver Spring, MD
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 16 April 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct—for having received a Field Grade Article 15 (010319) for failure to obey two lawful orders from noncommissioned officers and for disorderly conduct and for receiving numerous counseling statements for misconduct between (000606 and 010330), with a general, under honorable conditions discharge.  
       
       She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge.  On 22 May 2001, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
       
       The applicant's record contains a Military Police Report dated 15 January 2001.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate, however, a general under honorable conditions or an honorable discharge may be granted.

       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, the document, and the issues she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.
       
       The applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By her misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The analyst noted the applicant's issues that a psychiatrist diagnosed her with borderline personality disorder and prescribed her with medication.  Report of Mental Status Evaluation dated, 9 March 2001, shows that the applicant was diagnosised with personality disorder, not otherwise specified, a type of personality disorder within the meaning of AR 635-200, Chapter 5-13.  This condition was a deeply ingrained maladaptive pattern of behavior that interferes with the service member's ability to perform.  The applicant's behavior was normal, level of orientation fully oriented, mood or affect unremarkable, thinkng process clear, and thought content normal.  The records show that separation action was initiated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct.  AR 625-200, in pertinent part, provides that commanders will not take action to separate Soldiers for personality or adjustment disorders solely to spare a Soldier who may have committed other incidents of misconduct.
       
       Furthermore, the analyst acknowledges the applicant's accomplishments during her prior period of service.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the reason for discharge and characterization of service granted.
       
       In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
        

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: [redacted]




Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 for period of service under review.  The applicant submitted the following additional documents in support of his hearing; Mental Health Services Memo (1 page), Self authored letter (1 page), and a American Legion Statement (1 page).

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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA












Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011845
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