Applicant Name:  ?????

Application Receipt Date: 2009/09/16	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: Change reason for discharge from personality disorder to PTSD.  Refund of all of the money paid into the GI Bill program.  Compensation for disability  and full medical benefits.  Post-service Montgomery GI BIll benefits.  
See DD Form 149 and additional documents submitted with the application.  

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: 070404
Discharge Received: 			   Date: 070608   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHC, 407th EN Bn, Baumholder, GE 

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:  21
Current ENL Date: 060817    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 	00 Yrs, 09Mos, 22Days ?????
Total Service:  		00 Yrs, 09Mos, 22Days ?????
Previous Discharges: 	None
Highest Grade: None		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Svc Spc   GT: 114   EDU: GED   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Brighton, TN
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 29 March 2007, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood, and with a personality disorder not otherwise specified.  On 29 March 2007, 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 clinical psychologist as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with her being able to adequately serve in the U.S. Army.  The medical authority opined that the applicant has a high potential to harm herself and that this diagnosis is consistent with behavior defiance that have interfered with the proper performance of her duties, such as unsatisfactory job performance, frequent emotional outbursts, and disrespect toward shift leaders.  It was also concluded that efforts to rehabilitate or develop her into a satisfactory member of the military would be unsuccessful or unlikely.  The unit commander recommended an honorable discharge.  She was advised of her rights.  The applicant consulted with legal counsel and was advised of the impact of the discharge action, and did not submit a statement in her 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 24 May 2007, 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 she 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 with mixed anxiety and depressed mood, and with a personality disorder not otherwise specified. 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.  
       
       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. 
       
       Furthermore, the analyst noted the applicant's issue related to the refund of what she paid toward the GI Bill program; however, the correction that the applicant requests does 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 online or from the Veterans Administration.  
       
       Additionally, eligibility for veteran's benefits to include medical, compensation, disability entitlement,  and educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       
       
       
       
       
       
       
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 March 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 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
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090016108
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