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ARMY | DRB | CY2010 | AR20100010309
Original file (AR20100010309.txt) Auto-classification: Denied
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, "I believe That the jfx Personality disorder was incorrect.  I don't believe i had a personality disorder. I was having marital and family problems. All i wanted to do is to get home and fix it. I was just having a rough time and was a young father and husband. I Was just a little overwhelmed. I have tried for the past 5 years to find a good job for my family. the best I could do was a pest control job that payed 10$ an hour. I have even tried to Re-enlist into the army but they will not even give me the time to say no. I was young father and husband and made some bad choices. All I want is to do is to make my family proud and to find a good career. Ever since I was discharged I have never felt the pride i felt when i was in the US Army. I just want to gain some pride back."

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: 050202
Discharge Received: 			   Date: 050316   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: C Btry, 1-1st ADA, Fort Bliss, TX 

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:  18
Current ENL Date: 0020607    Current ENL Term: 04 Years  ?????
Current ENL Service: 	02 Yrs, 09Mos, 10Days ?????
Total Service:  		02 Yrs, 09Mos, 10Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 14E10 Patroit Fire Control Operator   GT: 99   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Kingsland, GA 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 30 November 2004, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed moods, mood disorder not otherwise specified, and recommeded that the applicant be expeditiously separated from the military service under the provisions of Chapter 5, paragraph 5-17, AR 635-200.  
       
       
       On 1 February 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, for being diagnosed with an adjustment disorder with depressed moods, and the disorder was so severe that his ability to function effectively in the military environment was significantly impaired, with 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  
       
       On 23 February 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 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, the issue and documents submitted with the application, the analyst determined that the applicant’s narrative reason for separation is improper.  The applicant was diagnosed by competent medical authority with an adjustment disorder with depresssed mood, mood order not otherwise specified,  and recommeded that the applicant be expeditiously separated from military service under the provisions of Chapter 5, paragraph 5-17, AR 635-200.
       
       The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge.  However, the evidence of record does not reflect that the applicant was diagnosed with a personality disorder in accordance with the  Diagnostic and Statistical Manual of Mental Disorders (DSM-IV Manual), but was diagnosed with an adjustment disorder with depressed mood, mood order not otherwise specified and was recommeded for separation under the provisions of Chapter 5, paragraph 5-17, AR 635-200.  
       
       In view of the foregoing, the analyst recommends to the Board that relief be granted in the form of a change to  the narrative reason for separation  block 28, to read "Condition, Not a Disability," block 25, separation authority, to read "AR 635-200, paragraph 5-17," and block 26, separation (SPD) code, to read "JFV." 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online Application



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 separation is improper.  Accordingly, the Board voted to change the narrative reason for separation  block 28, to read "Condition, Not a Disability," block 25, separation authority, to read "AR 635-200, paragraph 5-17," and block 26, separation (SPD) code, to read "JFV." 
        
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: Change the narrative reason for separation  block 28, to "Condition, Not a Disability," block 25, separation authority, to "AR 635-200, paragraph 5-17," and block 26, separation (SPD) code, read "JFV," under the provisions of Chapter 5, AR 635-200. 
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: None



























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 AR20100010309
______________________________________________________________________________

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