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. Soldiers 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 Soldiers 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 applicants military records during the period of enlistment under review, the issue and documents submitted with the application, the analyst determined that the applicants 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 applicants record of service during the period of enlistment under review and considering the analysts 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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