Applicant Name:  ?????

Application Receipt Date: 2012/01/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable.  She 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: 090501
Discharge Received: 			   Date: 090515   Chapter: 5-13      AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: B Co, Spec Trps Bn, 1st Bde Cbt Tm, Fort Bliss, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 081222, without authority, failed to go at the time prescribed to her appointed place of duty x 2 (081023), (081029); being disrespectful in deportment toward a noncommissioned officer (SSG) x 2 (081023), (081204); and willfully disobeyed a lawful order from a SSG (081204); reduction to E-1 (suspended), forfeiture of $352 pay x 1 month (suspended), extra duty for 14 days and restriction for 14 days, (CG).

Undated, the suspension of punishment of reduction to E-1 and the forfeiture of $352 pay x 1 month was vacated for the new offense of being disrespectful in deportment toward a SSG (090109). 

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 071121    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01  Yrs, 05  Mos, 25  Days ?????
Total Service:  		01  Yrs, 05  Mos, 25  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 25L10 Cable System Installer/Maintainer   GT: 95   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 6 January 2009, the applicant was diagnosed by competent medical authority with a disorder of Axis II: borderline personality disorder and she was recommended for an expeditious separation.  This disorder precluded her from further military service.  
       
       
       On 1 May 2009, 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 a borderline personality disorder, that was of such severity that it precluded adequate military service, her psychiatric issues were incompatible with continued active duty.  Also she had been disrespectful to NCOs on numerous occasions, disobeyed a lawful order from an NCO and failed to be at her appointed place of duty, with a general, under honorable conditions discharge.  She was advised of her rights. 
       
       On 1 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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 general, under honorable conditions discharge.
       
       On 6 May 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with  a general, under honorable conditions discharge.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect at the time, 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 for the period of enlistment under review and the issue submitted with the application, the analyst determined that the characterization of service is improper.  
       
       The analyst noted the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a borderline personality disorder with a general, under honorable conditions discharge.  However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 8 June 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (111219).



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 characterization of service is improper.  

The Board noted the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  

Accordingly,  the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable and voted not to change it.
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: None
Other: NA
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 AR20120000750
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