Applicant Name:  ?????

Application Receipt Date: 2009/11/30	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I am requesting that the RE-3 characterization be changed to RE-2 for the purpose of returning to duty.  Have received clearance for the personality disorder discharge.  The Recruiting Command has not been accepting RE-3's for sometime.  For this reason I am requesting that this characterization be changed to RE-2.  Have been trying to return to duty since separation.  Have accomplished all other matters that I was informed were necessary.  Unfortunately, the Recruiting Command has not been accepting RE-3's.  The codes require a waiver.  As such, I am requesting this be changed to RE-2."

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: 030404
Discharge Received: 			   Date: 030423   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: B Co, 2/7th Inf Regt, Ft Stewart, GA 

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:  22
Current ENL Date: 020715    Current ENL Term: 3 Years  ?????
Current ENL Service: 	00 Yrs, 09Mos, 09Days ?????
Total Service:  		4 Yrs, 03Mos, 0 Days ?????
Previous Discharges: 	USAR 970621-980614/NA
                                       RA      980615-001107/HD
                                       RA      001108-011205/HD 
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 95   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant. 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 18 March 2003, the applicant was diagnosed by competent medical authority with an adjustment disorder and a personality disorder not otherwise specified (NOS).  
       
       On 2 April 2003, 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, in that he was diagnosed by a medically qualified psychiatrist with having an adjustment disorder and a personality disorder.  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 10 April 2003, the separation authority directed 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 the applicant was diagnosed by competent medical authority with an adjustment disorder and 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 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.  
       
       Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should continue to contact the local recruiter to determine his 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 the applicant still believes there is an error or injustice in his discharge, then he may make an application to the Army Board for Correction of Military Records, utilizing a DD Form l49, which can be obtained at a local military installation or from veteran assistance offices.   
       
       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: 15 September 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214 x 2, for the period of service ending 5 December 2001, and 23 April 2003, Progress Notes from Central Arkansas HCS (3 pages), dated 30 January 2006.

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 narrative reason for discharge was both proper and equitable and voted not to change it.   
        
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: No Change										
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change















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 AR20090020696
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