Applicant Name:  ?????

Application Receipt Date: 2011/08/09	Prior Review:     Prior Review Date: 2011/05/18  Records Review   

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests a change to the narrative reason for discharge.  He contends being disagnosed repeatedly with Post Traumatic Stress Disorder (PTSD).  He further contends his diagnosis of personality disorder was vague, inaccurate and undue. 

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   Yes/2012/08/27

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: B Co, 1-505th IN Bn (ABN), Fort Bragg, NC 

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:  19
Current ENL Date: 020730    Current ENL Term: 05 Years  ?????
Current ENL Service: 	04  Yrs, 01  Mos, 21  Days ?????
Total Service:  		06  Yrs, 02  Mos, 22  Days ?????
Previous Discharges: 	ARNG-000629-010618/NA
                                       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: Southwest Asia   Combat: Iraq (030801-040414)/Afghanistan (040921-041105)
Decorations/Awards: PH, AAM-2, AGCM, NDSM, ACM, GWOTEM, GWOTSM, ASR, OSR, CIB, EIB, VUA

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

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 and recommended expeditious discharge under the provisions of Chapter 5, paragraph 5-13,  AR 635-200.  
       
       On 3 August 2006 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, and making threatening statements toward his company commander.  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 issues and documents submitted with the application, the analyst found that the narrative reason for the discharge is inequitable.
       
       The applicant passed a personality test (MMPI) on application to sniper school.  The test was valid per the validity scale and there was no evidence of a personality disorder.  The next year the same psychologist did an office interview and decided that the Soldier had a personality disorder and he doesn't even mention prior testing.  The MMPI is not always accurate, even if the validity portion shows that there is no attempt at manipulation.  In this case, more weight should be given to the MMPI than to an office interview with no testing that occurred one year later with the same behavioral health provider.  If the applicant did not have a personality disorder in 2005, he did not have a personality disorder in 2006.
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF,” and a reentry eligibility (RE) code of “1.”

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 27 August 2012         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: Mr. Christopher Aldo Porco, Attorney at Law
                910 17th Street NW
                Suite 800
                Washington, DC 20006

Witnesses/Observers: No 

Exhibits Submitted: DD Form 293, dated (110720); two (2) DA Forms 3822-R (Report of Mental Status Evaluation), dated (060712, two (2) pages,  dated 060109); Weber & Devers Psychological Services,  Psychological Assessment, five (5) pages, dated (090210); Letter, Department of Veterans Affairs, Compensation Entitlement, four (4) pages, dated (081202); DA Form 2166-8 (NCO Evaluation Report), two (2) pages, dated (061209); AAM Citation, dated (060427); Certificate, Good Conduct Medal, dated (050730).   

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 the discharge is inequitable.  Accordingly, the Board voted to grant relief in the form of a change to the narrative reason of the applicant’s separation to “Secretarial Authority,” under the provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF,” and a reentry eligibility (RE) code of “1."  
      
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: Secretarial Authority under Provisions of Chapter 5, AR 635-200, with a corresponding separation (SPD) code of “JFF.”
Other: The separation authority to "AR 635-200, paragraph 5-3."
RE Code: 
Grade Restoration:   No   Yes   Grade: None

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????










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 AR20110015978
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