Applicant Name:  ?????

Application Receipt Date: 2012/02/17	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I was a young girl who was under great duress due to a sexual harassment issue with my superior, a staff sergeant who would not promote me without the promise of sexual favors. I did not comply and the workplace, at a mostly male-dominated base, became hostile. This lead to a hospital stay with an accidental overdosage of a sleeping aid. I was forced to sign papers by a JAG lawyer that waived my rights against legal action against the army (sic). That is not my intentions, I have no ill will toward the military and am a great supporter of it and our government. The only request I have is to have this damaging, untrue account removed and corrected from the documents. This should all be documented in the military records on file for me. Thank you for your time and understanding.  I hadn't looked at my DD214 in years and once I discovered the error, I vaguely remember questioning JAG about the reason code and being told I couldn't argue it then but would have to wait and petition the Army later. I was scared and young and naive at the time." 

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: 	NIF  Date: NIF
Discharge Received: 			   Date: 980112   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHC, 1st Bde, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF

Courts-Martial (Charges/Dates/Punishment): NIF

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 970206    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00  Yrs, 11  Mos, 07  Days ?????
Total Service:  		00  Yrs, 11  Mos, 07  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 96B10 Intelligence Analyst   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: 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 specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  
       
       The DD Form 214, indicates that she was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a fully honorable discharge.  Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of "3." 
       
       On 5 January 1998, DA, HQS, 3rd Infantry Division (Mech) and Fort Stewart, Fort Stewart, GA, Orders 005-0012, discharged the applicant from the Regular Army, effective date:  12 January 1998. 

       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 issues and document she submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for separation on the applicant's DD Form 214. 
       
       The applicant’s record does not contain the specific facts and circumstances concerning the events that led to her discharge from the Army.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.  
       
       The DD Form 214, shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a fully honorable characterization of service.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 
       
       The applicant requested a change to the narrative reason for separation.  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, in efect at the time.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," the separation code is "JFX," and the reentry code is "RE 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 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 was no provision for any other reason to be entered under this regulation. 
       
       
       The applicant contends she was scared, young and naive at the time.  The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The applicant further contends she was under great duress due to a sexual harassment issue with her superior.  Although the applicant alleges that she was a victim of sexual harassment during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support her request for a change to the narrative reason for separation. 
       
       The applicant also contends being forced to sign papers by a JAG lawyer that waived her rights to take legal action against the Army.  The applicant's contention was carefully considered.  However, the analyst is unable to determine whether her contention has merit because the facts and circumstances leading to the discharge are unknown.  The burden of proof remains with the former Soldier to provide the appropriate documents or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be her responsibility to meet the burden of proof since the evidence is not available in the official record. 
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that based on the DD Form 214, the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 1 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Online application, dated (120212); and a DD Form 214, dated (980112).

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


















        
IX.  Board Decision						
Board Vote:
Character - Change 0    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: No Change
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 AR20120003547
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