Applicant Name:  ?????

Application Receipt Date: 2012/05/14	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, she should not have been discharged with a personality disorder.  She wanted to complete her first enlistment, but was forced out of the Army.  She thinks that she has PTSD, her life is a roller coaster, and she is barely making it.  She was never given a fair trial, and maybe she should have been reduced in rank, but not discharged.  She was a good Soldier, and did not deserve to be treated in the manner in which she was.  She is forever embarrassed by the discharge she received, and wants to finish her time in the Army.    

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: NIF
Discharge Received: 			   Date: 040309   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHC, 2nd BN, 4th AVN RGT, 4th BDE, 4th INF DIV, FOB Speicher, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 030811, wrongfully and recklessly laced a water bottle with boric acid, an act which was likely to cause death or serious bodily harm to a member or members of her unit (030728); reduction to E-1, forfeiture of $575.00 pay for two months, extra duty for 45 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 010724    Current ENL Term: 04 Years  00
Current ENL Service: 	02 Yrs, 07 Mos, 16 Days ?????
Total Service:  		02 Yrs, 07 Mos, 16 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Iraq (0304-0309) 
Decorations/Awards: NDSM, GWOTSM, GWOTEM, ASR

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 30 July 2003, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed and anxious mood, and with a personality disorder not otherwise specified with borderline and schizotypal traits.  
       
       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 as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with him being able to adequately serve in the U.S. Army.  It was also concluded that efforts to rehabilitate or develop her into a satisfactory member of the military would be unsuccessful or unlikely.  The unit commander recommended an honorable discharge.  She was advised of her rights.  
       
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit 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 with an honorable discharge.  
       
       On 20 September 2003, the separation authority directed the applicant’s discharge with a characterization of service of honorable.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200, in effect 17 December 2009, 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 and the issue she submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  
       
       The analyst noted the applicant was diagnosed by competent medical authority with an adjustment disorder and a personality disorder, not otherwise specified, with Cluster B Traits.  The unit commander properly initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-13, AR 635-200, in effect at the time, by reason of personality disorder, with a characterization of service of honorable.  
       
       The analyst noted the applicant's issue about a change in the reason for her discharge; however, 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 effect at the time.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX."  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 that she was unfairly discharged.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue.  There is no evidence in the record, nor has the applicant produced any evidence or documentation to support the contention that she was unjustly discharged.  In fact, the applicant’s Article 15 under the Uniform Code of Military Justice and four negative counseling statements justify a pattern of misconduct.  The applicant’s statement alone does not overcome the government’s presumption of regularity in this case.  
       
       Furthermore, the record does not support the issue that the applicant suffers from Post Traumatic Stress Disorder and the applicant submitted no evidence to support that the discharge was the result of any medical condition.  
       
            Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command.  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 analyst noted the applicant's issue about his desire to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry (RE) codes based on their service records or the reason for discharge.  The applicant was appropriately assigned an RE code of 3.  The analyst found no bases upon which to recommend a change to the applicant’s reentry code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters 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 if appropriate. 
       
       In view of the foregoing, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 7 November 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 7 May 2012, DD Form 214, and DD Form 215 dated 26 June 2006




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: NA
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




JOSEPH M. BYERS
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 AR20120009627
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