Applicant Name:  ?????

Application Receipt Date: 2009/12/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "I desired to remain in the military.  When I returned from the deployment to Kosovo with Task force 1/30 (K4; task force organized with 1st of the 30th infantry Div.) I was admitted to the psychiatric ward on Fort Benning.  After 1 week of in patient counceling and months of out patient counceling it was determined I was fit for duty.  I do not know the cause of the events that lead to admission.  I was re-evaluated before being deployed to Iraq (2003, 06 Jan) and was found fit to deploy.  While overseas, I saw things that didn't quite "sit right".  Enemy soldiers charred from our artillery.  I kept it to myself because of my MOS (13F).  It was not becomming an FO to show weakness.  I councelled with the Chaplain and was councelled it was for "the greater good".  This councel did not change the way I felt about what I was doing, what I was a part of.  As a result, I punished myself, physically.  I cut my arm with a razor blade.  I felt, at the time, I deserved to be punished for the death of the enemy.  I tried to hide this cutting from my NCOs (SSG S and SGT C).  They found the bloody medical supplies I used to clean the cuts and refferred me to both the Chaplain and the feild Psychiatrist (I do not remember their names).  Upon redeployment it was my battery commander's (CPT P) opinion it would be best for the Army and for me if I were seperated.  I disagreed.  This is why I refused to be chaptered out with VA disability benefits.  I was informed if I took the disability discharge, I would be unable to return to service.  I was seperated under Chapter 5-30 Personality disorder, non-specified.  I was told I could reinlist 2 years from my discharge.  This was not a true statement.  I have talked to several recruiters over the passed 3 years, starting in March of 2006 (2 years to the month of discharge).  No recruiter was willing to try to help me reinlist.  They made it very clear that with a JFX code no military Psychiatrist would write off on my reinlistment.  I have since accepted the horrible truth that I will never be able to be in uniform for this country again.  I am now attending school (Western Governers University) and have been denied GI Bill benefits due to the characteristics of my discharge.  I am at the court's mercy and request my discharge be upgraded to a full Honorable Discharge so I may benefit from the GI Bill investment.

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: 040122
Discharge Received: 			   Date: 040514   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHB, 1-10 FA Bn, Fort Benning, 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:  17
Current ENL Date: 010124    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 03Mos, 21Days ?????
Total Service:  		03 Yrs, 03Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Spc   GT: 115   EDU: HS Equivalency   Overseas: Kosovo, SWA   Combat: Iraq (Dates are not in file)
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: The applicant states he is attending a university program

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 5 November 2003, the applicant was diagnosed by competent medical authority with a personality disorder, not otherwise specified with schizoid histrionic borderline and antisocial traits deeply ingrained and maladaptive.  
       
       On 22 January 2004, 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 psychiatrist as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army.  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.  
       
       On 17 March 2004, 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 and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 26 April 2004, the separation authority directed the applicant be discharged with a characterization of service of general, under honorable condtitions.  

       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 for the period of enlistment under review and the issue he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 September 2010         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None

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 characterization of service is improper.  The Board noted that the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    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













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 AR20090020906
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