Applicant Name:  ?????

Application Receipt Date: 2012/07/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believes he was treated unfairly or unjust due to personal reasons and or a dislike of his character rather than the truth.  Also, policy changes for proper PTSD screening had not taken effect until May 2008.  He has been struggling with adjusting to civilian life and the VA process which lacks in helping.

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: 040629
Discharge Received: 			   Date: 040817   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: LFX   Unit/Location: HQS & HQS Troop, 3rd Squadron, 7th Cavalry, 2nd Brigade, 3rd Infantry Division, Fort Stewart, GA 

Time Lost: NA

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:  20
Current ENL Date: 020522    Current ENL Term: 3 Years  ?????
Current ENL Service: 	2 Yrs, 2  Mos, 26  Days ?????
Total Service:  		2 Yrs, 2  Mos, 26  Days ?????
Previous Discharges: 	USAR 020408-020521/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Spec   GT: 101   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: GCMDL, NDSM, GWOTSM, ASR, PUC (Army)

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 7 May 2004, the applicant was diagnosed by competent medical authority according to the DSM-IV Axis: II; with an antisocial personality disorder, and Axis: IV; occupational, social, financial, marital and family stressors.   
       
       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, diagnosed by a medically qualified psychologist as suffering from an antisocial personality disorder.  The unit commander recommended an honorable discharge.  He was advised of his rights.  
       
       The applicant consulted with legal counsel, 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 with an honorable discharge.  
       
       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, the issue and documents he 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 according to the DSM-IV Axis: II; with an antisocial personality disorder, and Axis: IV; occupational, social, financial, marital and family stressors.  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 requesting a change to the narrative reason for his separation from the Army.  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.  
       
       Additionally, the analyst found that someone in the discharge process erroneously entered the separation code as "LFX."  The record indicates that the separation authority, notwithstanding the recommendations of the subordinate commanders approved the discharge under the provisions of AR 635-200, paragraph 5-13, by reason of a personality disorder and the applicant was not transferred to the Individual Ready Reserve (IRR) to fulfill the remainder of his statutory service obligation.  
       
       In view of the foregoing, the analyst recommends to the Board that block 26 separation code be changed to read JFX as it was approved by the separation authority.  
       
       Except for the foregoing modification, the the analyst determined 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: 12 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149 dated 18 June 2012 in lieu of a DD Form 293, stataement from the applicant's wife with a list of family and friends dated 18 June 2012, Clinical Documents with variouys dates, Social Security Administrative letter outling the applicant's entitlements.  

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: No Change
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 AR20120012948
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