Applicant Name:  ?????

Application Receipt Date: 2010/09/22	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable.  He contends that he desires to receive VA benefits.

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: 070209
Discharge Received: 			   Date: 070222   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: A Co, 173rd Bde Spt Bn, APO AE 09139 

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:  20
Current ENL Date: 060706    Current ENL Term: 04 Years  18 Weeks/with a moral waiver (060610)
Current ENL Service: 	00  Yrs, 07 Mos, 20 Days ?????
Total Service:  		00  Yrs, 07 Mos, 20 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 105   EDU: GED   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Mt Airy, NC 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 January 2007, the applicant was diagnosed by competent medical authority with an anti-social personality disorder (NOS), and recommended that the command consider expeditious administrative separation under the provisions of Chapter 5, paragraph 5-13, AR 635-200.  
       
       On 9 February 2007, 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 being diagnosed with a personality disorder, 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 indicate if a statement was submitted 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 a fully honorable discharge. 
       14 February 2007, 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.

       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 issues and documents submitted with the application, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 24 "Character of Service" as "general, under honorable conditions."  The analyst recommends that block 24, "Character of Service" be administratively corrected to "fully honorable" as approved by the separation approving authority.  Except for the foregoing modification to the applicant's "Character of Service," the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 3 June 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100910); DD Form 149, dated (100910); Memorandum, Clear Without Orders, dated (070130); DA 699 Report; Letter, Arm Continuing Education System (ACES), dated (070208); VA Form 4107, dated (100820); DD Form 2366, Montgomery GI BillAct of 1984, three (3) pages, (060612); Unit/Installation Clearance Record, four (4) pages, dated (070209); and DA Form 2648 (Preseparation Counseling Checklist), three (3) pages, dated (070209). 

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 found that someone in the discharge process erroneously entered on the applicant's DD Form 214 block 24 "Character of Service" as "general, under honorable conditions."  In view of this error, the Board voted to administratively correct block 24, Character of Service" to "fully honorable."  Except for the foregoing modification to the applicant's "Character of Service," the Board determined that the reason for discharge was both proper and equitable and voted not to change it.










        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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: Correct block 24 "Character of Service" to "fully Honorable." 						
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 AR20100024827
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