IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 December 2013

      CASE NUMBER:  	AR20130008999
___________________________________________________________________________

Board Determination and Directed Action

1.  After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the applicant’s characterization of service was improper.  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 was not in entry level status and his service, per the governing regulation, should have been characterized as honorable.

2.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable.  However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, he was discharged due to mental reasons and his period of service should have been characterized no less than honorable.  His discharge was influenced by an isolated Article 15 during 25 months of service. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 May 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			25 April 2003
d. Reason/Authority/SPD/RE:		Personality Disorder, AR 635-200, Chapter 5-13 						JFX, RE-3
e. Unit of assignment:			C Co, 2-12th Armor Regiment, Fort Hood, TX
f. Current Enlistment Date/Term:	23 March 2001, 6 years
g. Current Enlistment Service:	2 years, 1 month, 3 days
h. Total Service:			2 years, 1 month, 3 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l.  Military Occupational Specialty:	19K10, M1 Armor Crewman
m. GT Score:				126
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 23 March 2001 for a period of 6 years.  He was 23 years old at the time of entry and was a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 19K10, M1 Armor Crewman.  His record does not contain any evidence of acts of valor or meritorious achievements; and he achieved the rank of PV2/E-2.  He was serving at Fort Hood, TX when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 17 March 2003, the applicant was diagnosed by competent medical authority with an antisocial personality disorder, which is characterized as a pervasive pattern of disregard for the rights of others and includes such traits as: deceitfulness, impulsivity, irritability and aggressiveness, consistent irresponsibility, and lack of remorse for having hurt or mistreated another.  

2.  On 4 April 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 a personality disorder.  He was diagnosed by a medically qualified psychiatrist with having a personality disorder. 

3.  The unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

4.  On 4 April 2003, the applicant waived 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 of the separation action with a general, under honorable conditions discharge.  

5.  On 11 April 2003, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

6.  The applicant was discharged from the Army on 25 April 2003 with a characterization of service of general, under honorable conditions.

7.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 17 March 2003, which indicated the applicant was diagnosed with an antisocial personality disorder.

2.  The record does not contain any Uniform Code of Military Justice (UCMJ) actions. 

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, a Summarized Article 15 and a DD Form 214.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his application.

REGULATORY AUTHORITY  

1.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered 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 military duties.  The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired.

2.  Army policy requires the award of a fully honorable discharge in such case.  

3.  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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  

2.  After carefully reviewing all of the applicant’s military records for the period of enlistment under review, the issue and documents he submitted, it appears that the characterization of service is improper.  

3.  The record confirms the applicant was discharged under the provisions of Chapter 5, paragraph 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.  The applicant was not in entry level status and his service, per the governing regulation, should have been characterized as honorable.

4.  In view of the foregoing, the characterization of service being improper, recommend the Board grant relief in the form of an upgrade of the characterization of service to honorable.  However, the reason for discharge remains both proper and equitable.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  2 December 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		Yes
Change Characterization to:	Honorable
Change Reason to:			No Change
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA




















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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130008999



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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