Applicant Name: ?????
Application Receipt Date: 2009/08/19 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached 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: 051030
Discharge Received: Date: 051117 Chapter: 5-13 AR: 635-200
Reason: Personality Disorder RE: SPD: JFX Unit/Location: HHC, 160th SOAR (A), Fort Campbell, KY
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: 20
Current ENL Date: 041201 Current ENL Term: 06 Years ?????
Current ENL Service: 00 Yrs, 11Mos, 17Days ?????
Total Service: 03 Yrs, 02Mos, 20Days ?????
Previous Discharges: RA-020828-041130/HD
Highest Grade: E5 Performance Ratings Available: Yes No
MOS: 63B10/Wheeled Vehicle Mech GT: 114 EDU: HS Grad Overseas: Southwest Asia-2 Combat: Iraq (030303-031206); Afghanistan (040115-040414)
Decorations/Awards: ARCOM-2, AGCM, NDSM, NCOPDR, ASR, GWOTEM, GWOTSM, ICM
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 26 October 2005, the applicant was diagnosed by competent medical authority with occupational problems (failure to adjust to military service, lack of motivation, severe depression and anxiety); and dependent personality disorder with depressive and histrionic features. On 30 October 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 personality disorder, for dependent personality disorder with depressive and histrionic features; and because it was established that his disorder interfered with his ability to adapt and function in the US Army. It was also concluded that it was unlikely that efforts to rehabilitate him into a satisfactory Soldier would be successful. The unit commander recommended an honorable discharge. He was advised of his rights. The applicant waived 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. On 4 November 2005, 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, the documents, and the issues 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 occupational problems (failure to adjust to military service, lack of motivation, severe depression and anxiety); and dependent personality disorder with depressive and histrionic features. 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, the analyst acknowledges the independent document submitted with the application indicating that the applicant was diagnosed with post traumatic stress disorder (PTSD) and awarded 70% service connected disability compensation, however, the applicant's available record does not contain any evidence of inservice diagnosis of PTSD as indicated in the independent documentation and the applicant did not submit any corroborating evidence of inservice diagnosis of PTSD.
Additionally, reference the applicant's issues that his awards and training are not present on his DD Form 214, the correction that the applicant request to be made to his DD Form 214, do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter. An application for that Board can be obtained on line or from the Veterans Administration.
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: 1 February 2010 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 reason for 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: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20090014556
______________________________________________________________________________
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