Applicant Name:  ?????

Application Receipt Date: 2009/07/21	Prior Review:     Prior Review Date: NA

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests a change to the narrative reason for separation to physical disability retirement.  Also, he relates being subject to constant scrutiny and ridicule from his platoon leadership that resulted in him becoming extremely depressed and hopeless. 

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: 	NIF   Date: NIF
Discharge Received: 			   Date: 090115   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHC, 3rd Infantry Regiment (Old Guard), Fort Myer, VA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  29
Current ENL Date: 060915    Current ENL Term: 04 Years  20 Weeks/with an approved administrative waiver (060522) and an approved moral waiver (060517)
Current ENL Service: 	02 Yrs, 07Mos, 01Days ?????
Total Service:  		02 Yrs, 08Mos, 13Days ?????
Previous Discharges: 	RA-000614-000725/UNC
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 42A10 Human Resources Spec   GT: NIF   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Woodbridge, VA 
Post Service Accomplishments: The American Legion Memorandum of Brief with forty one (41) pages of documents inclued certifcates of completion, certifcates of award, certificates of achievement, certificates of participation, certificates of appreciation, showing his prior-service, in-service, and post-service accomplishments.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of  personality disorder, with an honorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of "3." 

       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 available military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to a discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge.  The DD Form 214 further shows a Separation Code of JFX (i.e., personality disorder).  
       
       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,"  and the reentry code is "RE 3."
       
       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. 
       
       Regarding the applicant's contention that he was subject to constant scrutiny and ridicule from his platoon leadership that resulted in him becoming extremely depressed and hopeless.  After a careful review of the available records, the analyst found no evidence of arbitrary or capricious actions by the command.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   
       
       The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating that the applicant was diagnosed with a major depressive disorder (also claimed as sleep disorder), which was determined to be service connected and granted a 50% disability rating.  Further, the applicant would have been diagnosed by competent medical authority with a personality disorder, and subsequently discharged under the provisions of  Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder.  
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in the documents with the application.  However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the narrative reason for discharge granted. 
       
       The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. 
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears based on the DD Form 214, that the narrative reason for discharge, to include the reentry eligibility (RE) code 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: 12 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: [redacted]





Witnesses/Observers: No 

Exhibits Submitted: The applicant submitted a DD Form 149 and the following documents:  DD Form 214, dated (090115); Self-Authored Statement; Department of Veterans Affairs Rating Decision, seven (7) pages, dated (090323);  Department of Veterans Affairs Claim Approval, five (pages), dated (090402); Additional Documents: The American Legion Memorandum/Brief with forty one (41) pages , dated (090717).

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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None






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 AR20090013028
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