Applicant Name:  ?????

Application Receipt Date: 2010/09/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “The narrative of my discharge incorrectly state that I have personality disorder, which is contradicted by my medical records and supporting documentation.”

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: 060803
Discharge Received: 			   Date: 060920   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder                      	   RE:     SPD: JFX   Unit/Location: Bravo Company,              1st Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina 

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:  21
Current ENL Date: 020730    Current ENL Term: 5 Years  ?????
Current ENL Service: 	  4   Yrs, 1 Mos, 21 Days ?????
Total Service:  		  6   Yrs, 2 Mos, 22 Days ?????
Previous Discharges: 	ARNG 000629 - 010618/HD
                                       IADT   010619 - 011012/HD
                                       ARNG 011013 - 020729/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 11B2P Infantryman   GT: 121   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030801 - 040414) Afghanistan (040921 - 041105)
Decorations/Awards: PH, AAM x 2, VUA, AGCM, NDSM, ACM, GWOTEM, SWOTSM, ASR, OSR, CIB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None











VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 12 July 2006, the applicant was diagnosed by competent medical authority with a personality disorder not otherwise specified (NOS) with antisocial traits.  
       
       On 3 August 2006 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, after having been diagnosed by a competent  medical authority,  which was of such severity as to interfere with his being able to adequately serve in the U.S. Army; and for making threatening statements toward the company commander.   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 3 August 2006, 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 4 August 2006, the separation authority directed the applicant’s discharge 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.  Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof.

       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 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 on 12 July 2006, with a personality disorder with antisocial traits.  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.  
       
       Furthermore,  the analyst noted the applicant's issue of having been diagnosed with PTSD; however, the diagnosis of PTSD does not preclude the applicant from also having a personality disorder.
       
        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.  
       In view of the foregoing, the analyst determined 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: 18 May 2011         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: The Law Offices of Christopher Aldo Porco, PLLC, 910 17th Street NW, Suite 800, Washington, DC 20006

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 with a self-authored statement, email confirming a change from PA to a record review, attorney's list of documents, VA disability decision, letter from Weber and Devers, NCOER for the period covering  0508 - 0607, mental status evaluation dated 12 July 2006, DA Form 4856-E, attorney's status inquiry letter, agency response letter  and a DD Form 214.

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 discharge was both proper and equitable and voted to deny relief.  
        
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: 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 AR20100023940
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