Applicant Name:  

Application Receipt Date: 2012/09/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that the reason for his honorable discharge, which is a personality disorder, needs to be corrected.  He believes the reason for his honorable discharge to be an unjust error/injustice and was due in desperation of getting out of the Army with an early separation chapter back then.  He further states that the military is using bogus personality disorder diagnoses to kick out service members without the benefits to which they are entitled.  He requests a second chance in the interest of justice.  He wants to rejoin the Army because of the passion and dedication he feels about serving in military uniform, and to prove that he has the determination of becoming a good Soldier again.  The US Army should accept him because he has good quality characteristics such as being mature, goal-oriented, compassionate, honest, trustworthy, reliable, respectful, and patient.  He also has a Master's Degree in Human Behavior that would benefit 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: 000405   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: JFX   Unit/Location: Det A, 509th AG Bn, Camp Casey, Korea 

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:  20
Current ENL Date: 980922    Current ENL Term: 3 Years  ?????
Current ENL Service: 	01 Yrs, 06 Mos, 14 Days ?????
Total Service:  		01 Yrs, 06 Mos, 14 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 71L10/Admin Spc   GT: NIF   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: ASR

V.  Post-Discharge Activity
City, State:  
Post Service Accomplishments: Applicant states he has a master's degree.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  
       
       His DD Form 214 indicates he was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, for personality disorder, with an honorable characterization of service.  
       
       Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3.  
       
       On 5 April 2000, the applicant was discharged from the Army.

       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 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 that although not all the facts are contained in his record.  He would have been diagnosed by competent medical authority with a personality disorder prior to being honorably discharged from the Army.
       
       The analyst noted the applicant's issue about a change in the reason for his 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 he used this reason (personality disorder) because he wanted to desperately get out of the Army but has realized that he wants more than anything else a second chance to be a Soldier.  He has earned a master’s degree and feels he can contribute to improving his life and that of other Soldiers.  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 his issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was improperly diagnosed.   The applicant’s statements alone do not overcome the government’s presumption of regularity.
       
       The analyst also 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. 
       
       The analyst acknowledges the applicant's successful transition to civilian life and noted that he has a master’s degree.  However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.  
       
       Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the 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: 3 June 2013         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  Yes

Witnesses/Observers: NA 

Exhibits Submitted: Online application and four character reference letters.

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  NA    No change  NA
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: ?????

XI.  Certification Signature
Approval Authority:




EVELYN M. TORRES
Colonel, U.S. Army
President, Army Discharge Review Board




JOSEPH M. BYERS
Lieutenant Colonel, U. S. Army
Secretary Recorder














Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTH - Under Other Than Honorable 
												Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120016828
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