Applicant Name:  ?????

Application Receipt Date: 2012/06/04	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 his character of service be changed from Under Honorable Conditions (General) to Honorable.  The applicant is also requesting that the Narrative Reason for separation be changed from Personality Disorder to something that more accurately reflects his diagnosis of PTSD.  The applicant states that he was awarded 30% service connected disability for PTSD on 28 May 2010.

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: 070525   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: HHC, 10th CAB, 10th Mountain Division, Fort Drum, NY.  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060421, attempted to use a controlled substance (valium 060403), and unlawfully struck another Soldier in the face with an open hand (060403); reduction to E-2, forfeiture of $713.00 for one month, extra duty for 30 days (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 040629    Current ENL Term: 04 Years  23 Weeks
Current ENL Service: 	02 Yrs, 10 Mos, 27 Days ?????
Total Service:  		02 Yrs, 10 Mos, 27 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 92G10/Food Service Operations Specialist    GT: NIF   EDU: HS Grad   Overseas: SWA   Combat: Afghanistan (060130-070123)
Decorations/Awards: NDSM, ACM, ASR, OSR, NMDL

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 19 April 2007, the applicant was diagnosed by competent medical authority with a disorder of Axis I:  Adjustment Disorder Occupational Problem (Secondary to Axis II) and Axis II: Personality Disorder Not Otherwise Specified.  
       
       On 14 May 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 a personality disorder.  He was diagnosed by a medically qualified psychiatrist with having a personality disorder and was recommended to receive a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 14 May 2007, the applicant declined the opportunity to consult with legal counsel or the right of being advised of the impact of the discharge action.  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 a general, under honorable conditions discharge.  
       
       On 15 May 2007, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       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 for the period of enlistment under review and the issue and documents he submitted, the analyst determined that the characterization of service is improper.  
       
       The analyst noted the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  
       
       The applicant is also requesting that the narriteve reason for discharge be changed from Personality Disorder to something that more accurately reflects his diagnosis of PTSD; however, the applicant’s request for a change does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.  
       
       In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

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

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated, 31 May 2012, DD Form 214, and a VA Rating Decision dated 5 October 2010.


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 characterization of service is improper.  The Board noted that the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge.  Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    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: 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 AR20120010890
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