Applicant Name:  ?????

Application Receipt Date: 2012/01/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he wants to reenlist and his separation was unwarranted due to misdiagnosis of a personality disorder.  He was put into a behavioral hospital for three weeks after talking with a drill sergeant about missing his family and being sad about that.  He attended a daily group counseling session while he was there.  Somehow he was diagnosed with adult personality disorder without ever having spoken to a doctor individually. 

He was never put on medication nor was he recommended to start counseling afterwards.  He was told that he would be returning to duty after his stay and was fully prepared, even excited to do so.  After a few days he was then told he was being sent home, much to his disappointment.  He believes that by him being sent home was not warranted and that his reenlistment code should be changed so that he can reenlist without having to obtain a waiver.  

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: 070725
Discharge Received: 			   Date: 070823   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HQ & HQ Company, 46th Adjutant General Battalion (Reception), 194th Armored Brigade, Fort Knox, KY 

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:  26
Current ENL Date: 070212    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 	0 Yrs, 6  Mos, 12  Days ?????
Total Service:  		0 Yrs, 6  Mos, 12  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 88   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 July 2007, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed mood, and with a borderline personality disorder; super lacerations, left forearm & right leg; and occupational, not able to handle military stress and was recommended to be  expeditiously separated from the service under the provisions of AR 635-200, Chapter 5-13 (personality disorder) being in the best interest of the Army and the applicant.   
       
       On 26 July 2007, 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, diagnosed by a medically qualified psychiatrist with an Axis I: adjustment disorder with depressed mood, Axis II: borderline personality disorder; Axis III: super lacerations, left forearm & right leg; Axis IV: occupational, not able to handle military stress which is of such severity as to interfere with his being able to adequately serve in the U.S. Army.  The unit commander recommended separation with an uncharacterized discharge.  He was advised of his rights.  
       
       On 26 July 2007, the applicant consulted with 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 with an uncharacterized discharge.  
       
       On 20 August 2007, the separation authority directed the applicant’s discharge with a characterization of service of uncharacterized.

       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 during the period of enlistment under review, the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge or a change to the narrative reason for separation on the applicant's DD Form 214.  The evidence of record shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder, with an uncharacterized separation of service and a reentry eligibility (RE) code of "3."  
       
       A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  The applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished immediately following approval by the separation authority.  
       
       
       
       
       Further, a general, under honorable conditions discharge is not authorized under ELS conditions and a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge. 
       
       The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.   
       
       The applicant request that his narrative reason for separation be changed.  The applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with an uncharacterized discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder” and the separation code is "JFX" with a reentry eligibility (RE) code of "3."  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; the reentry code entered in block 27 and the 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.  
       
       Additionally, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”      If the applicant desires to reenlist, he should continue to contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. 
       
       Therefore, the analyst recommends to the Board to deny relief as the reason for discharge and the characterization of service, to include the reentry eligibility code was both proper and equitable.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 11 July 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 24 January 2012, four character reference letter's with various dates, copy of OMHC Diagnostic Evaluation dated 16 February 2012.

















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						
Board Vote:
Character - Change 0    No change 5
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: No Change
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120001938
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