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, that he is requesting the narrative reason for his discharge to be changed.  He was diagnosed with PTSD immediately after his discharge by the VA.  He was discharged from active duty with PTSD and was told it was done because it was easier.  He was previously unaware that his narrative reason for discharge could be changed.

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: 031215
Discharge Received: 			   Date: 040211   Chapter: 5-13       AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: Headquarters and Headquarters Company, 1st Battalion, 15th Infantry, 3d Brigade, 3rd Infantry Division (Mechanized), Fort Benning, Georgia 

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:  18
Current ENL Date: 010927    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 4 Mos, 15 Days ?????
Total Service:  		2 Yrs, 4 Mos, 15 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 102   EDU: HS Grad   Overseas: SWA   Combat: Kuwait (020318 - 021202) Kuwait/Iraq (030109 - 030718)
Decorations/Awards: NDSM, AFEM, ASR, PUC, CIB 

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       he evidence of record shows that on 21 October 2003 , the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed mood, and with a personality disorder not otherwise specified with Cluster B Traits.  
       
       On 15 December 2003, 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 his being able to adequately serve in the U.S. Army.  It was also concluded that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful or unlikely.  The unit commander recommended an honorable discharge.  He was advised of his rights.  
       
       On 17 December 2003, 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 7 January 2004, the separation authority directed the applicant's discharge with a characterization of service of 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 for the period of enlistment under review, and the issue and documents she submitted, the analyst found several mitigating factors which would merit a change to the applicant’s narrative reason for the discharge.
       
       The analyst noted the applicant was discharged for being diagnosed by competent medical authority with depression and borderline personality disorder with an honorable characterization of service.  
       
       The current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service, as of the date the separation proceedings are initiated.  The record shows that the applicant had over 24 months of active duty service at the time of notification, had been deployed to Iraq on two separate occasions and did not have any incidents of misconduct.  Further, paragraph 5-17, AR 635-200 (17 December 2009), now stipulates that Soldiers with 24 months or more of active duty service may be separated under paragraph 5-17 based on a diagnosis of personality disorder. 
       
       In view of the foregoing, the analyst recommends to the board that the narrative reason for the applicant’s separation is now inequitable based on the current standard as regulations currently in effect list the reason for the applicant’s discharge as “condition, not a disability.”
       
       Accordingly, the analyst recommends to the Board that the separation authority be changed to read “AR 635-200, paragraph 5-17,” the narrative reason for separation be changed to read  "Condition, Not a Disability,” with a corresponding separation code of "JFV."   

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: ?????         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214.

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 now inequitable.  The Board determined that the current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service as of the date the separation proceedings are initiated.  The Board noted that the applicant had over 24 months of active duty service at the time of notification.  Further, paragraph 5-17, AR 635-200 (current), now stipulates that Soldiers with 24 months or more of active duty service may be separated under this paragraph (5-17), based on a diagnosis of personality disorder.   In view of the foregoing, the Board voted and determined that the narrative reason for the applicant’s separation is now inequitable based on the current standard and directed the issue of a new DD Form 214 changing the separation authority to read “AR 635-200, paragraph 5-17, the narrative reason for separation to read Condition, Not a Disability, and a corresponding separation code of JFV. 




































  
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
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: Condition, Not a Disability
Other: Change Separation Code to: JFV
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

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 AR20120009630
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