Applicant Name:  ?????

Application Receipt Date: 2010/03/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "The type discharge has taught me a great deal and unfortunately is effecting my job status to finding a job. I had no Idea this would totally hurt my family most of all after 2007.  Regular army is trying to help me get back in but cannot until my discharge is elevated to a more except able RE code and discharge type. Please take in consideration that I would like this final and only opportunity to get my life right. The problem and worry started with my oldest teenage Son Who was at the time showing and expressing signs of suicide while I was on this last tour of duty.  I tried to get advise but at the same time I feared telling the military consular for fear that my son would have to be removed from mothers care I was trying to avoid other obstacles for my son.  So I felt the need to get out this way,unfortunately holding this in with the thought of how awful it would be if he did kill himself before I could get there to stop this from happening.  I'm deeply sorry, but at the same time my Sons life was on the line and I was only trying to do what I felt a Father should do for his Son.  And thank God he did not go through with it upon my return.  What I did see was a young man not the little boy I remember last as I left him to train and than ship over seas. Please note while on convoys not once did I ever jeperdize the mission or anyones life for that matter and I did lead our convoys through the Al Anbar Province with no problems what so ever.  My problem was not with the military but was a strong concern for my Son Life."

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: NIF
Discharge Received: 			   Date: 070419   Chapter: 5-13      AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: 1114th Trans Co, CA NG 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF; The UCMJ action which reduced the applicant to E-2 is NIF

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  37
Current ENL Date: 060427/OAD    Current ENL Term: 00 Years  545 Days
Current ENL Service: 	00 Yrs, 11Mos, 23Days ?????
Total Service:  		08 Yrs, 11Mos, 03Days ?????
Previous Discharges: 	USAR 891225-910106
                                       ADT 910107-910605/NA
                                       USARCG 910606-950426/NA
                                       RA 950427-970617/HD
                                       Break in Service
                                       ARNG 051109-060426/NA
                                       (Concurrent Service)
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 101   EDU: HS Grad.   Overseas: SWA   Combat: Kuwait and Iraq (060729-070415)

Decorations/Awards: ARCOM, NDSM w/ BS, SWASM w/ BSS, GWTSM, ICM, ASR, AFRM w M Device, KLM (SA), KLM

V.  Post-Discharge Activity
City, State:  San Fernando, CA
Post Service Accomplishments: None were listed.

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 he was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, for personality disorder, with a General Under Honorable conditions 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.
       
       Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general cout-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service.

       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 and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst 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.  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, or convicted by a General Court-Martial or more than one Special Court-Martial. 
       
       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.    
       
       The analyst noted the applicant's request for a change to the narrative reason for discharge and reentry eligibility (RE) code.  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, if reenlistment is desired, the applicant should contact the local recruiter to determine 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. 
       
       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: 5 January 2011         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, a one page hand written letter from a MD of the Dept of Veterans Affairs.
































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 in entry-level status or convicted by a Court-Martial. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to fully 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: No Change
Other: None										
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 AR20100009961
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