Applicant Name: ?????
Application Receipt Date: 2012/06/07 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states, in effect, that she was discharged because of a personality disorder, but does not remember if she was screened for PTSD, and if she was, the Army claimed her PTSD as a personality disorder. She adds that she was diagnosed with PTSD by the VA effective 1 November 2007, while she was discharged on 31 October 2007. She also requests the narrative reason for her separation be changed to PTSD.
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: 071012
Discharge Received: Date: 071031 Chapter: 5-13 AR: 635-200
Reason: Personality Disorder RE: SPD: JFX Unit/Location: 508th Military Police Battion (I/R), 42nd Military Police Brigade, Fort Lewis, WA
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070824, wrongfully used marijuana (070806), reduced to E-2; forfeiture of $729 x 2 months (suspended); 45-day extra duty (31 days suspended), (FG)
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 051121 Current ENL Term: 05 Years ?????
Current ENL Service: 01 Yrs, 11 Mos, 10 Days ?????
Total Service: 01 Yrs, 11 Mos, 10 Days ?????
Previous Discharges: None
Highest Grade: E-3 Performance Ratings Available: Yes No
MOS: 31B (Military Police) GT: 91 EDU: HS Grad Overseas: SWA Combat: Afghanistan (070123-070712)
Decorations/Awards: NDSM; ACM; GWOTSM; ASR; NATO MDL; CAB
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 12 July 2007, the applicant was diagnosed by competent medical authority with a legitimate, Acute Post-traumatic Stress Disorder (APTSD), and with a personality disorder not otherwise specified (NOS) with borderline traits.
On 12 October 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 as suffering from a long standing disorder of character, chronic maladaptive behavior, which significant impairs the ability to adapt and function in a military environment. 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 his rights.
The applicant waived consultation with a legal counsel and indicated she understood 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.
In an undated memorandum, the separation authority directed the applicants discharge with a characterization of service of fully honorable.
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 Soldiers 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 applicants 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 APTSD and a personality disorder, not otherwise specified, with borderline 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 efect 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.
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: 22 August 2012 Location: Washington, D.C.
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: DD Form 149, dated 14 May 2012; DD Form 214 with discharge orders for service under current review; ERB, dated 23 October 2007; Medical Report, dated 3 March 2008; VA Decision Correspondence, dated 13 May 2008
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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: NA
Other: NA
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 AR20120010680
______________________________________________________________________________
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