IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 July 2014

      CASE NUMBER:  	AR20130017573
___________________________________________________________________________

Board Determination and Directed Action

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 discharge was both proper and equitable and voted to deny relief.




      
      
      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 a change to the narrative reason for separation.

2.  The applicant states, in effect, he underwent an independent clinical evaluation that concluded he did not show any signs of a personality disorder nor reason for his discharge.
His command wanted to retaliate against him.  He was discriminated against in that his career was destroyed by submitting false documents that he had a personality disorder.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		23 September 2013
b. Discharge received:			Honorable
c. Date of Discharge:			23 December 1998
d. Reason/Authority/SPD/RE:		Personality Disorder, Chapter 5, paragraph 5-13, 						AR 635-200, JFX, RE-3
e. Unit of assignment:			403rd Transportation Company, 7th Transportation 						Battalion, Fort Bragg, NC
f. Current Enlistment Date/Term:	5 May 1997, 2 years
g. Current Enlistment Service:	1 year, 7 months, 19 days
h. Total Service:			7 years, 5 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		RA (910628-941214)/HD										RA (941215-970504)/HD
k. Highest Grade Achieved:		E-5
l.  Military Occupational Specialty:	52D10, Power Generation Equipment Repairer
m. GT Score:				117
n. Education:				Associate’s Degree
o. Overseas Service:			Germany/Korea
p. Combat Service:			None
q. Decorations/Awards:		AAM, AGCM-2, NDSM, NPDR, ASR, OSR-2, 
r. Administrative Separation Board: 	Yes
s. Performance Ratings:		Yes
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant’s record shows he enlisted in the Regular Army on 28 June 1991, for a period of 2 years and 22 weeks.  He was 26 years old at the time of entry with an Associate’s Degree.  He was trained in and awarded military occupational specialty (MOS) 52D10, Power Generation Equipment Repairer.  His last enlistment on 5 May 1997 was for 2 years and he was 32 years old at the time.  His record also shows he did not serve a combat tour, but he earned an AAM; he achieved the rank of SGT/E-5.  He was serving at Fort Bragg, NC when his discharge was initiated.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 11 February 1998, the applicant was diagnosed by a competent medical authority with a personality disorder, not otherwise specified (NOS), with paranoid and antisocial traits.  This disorder has contributed to substandard military performance as evidenced in counseling statements, arrests, etc.  It was recommended that the applicant be separated from military service as this condition was unlikely amenable to further efforts at rehabilitation.

2.  On 20 April 1998, 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.  He was diagnosed by WAMC Impatient Psychiatry Service on 11 February 1998, with having a personality disorder.

3.  The unit commander recommended an honorable discharge and advised the applicant of his rights.  

4.  On 28 April 1998, the applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an administrative separation board and indicated he intended to submit a statement in his behalf, which is contained in the available records.  The unit commander subsequently recommended separation from the service.  The intermediate commander recommended approval with an honorable discharge.  

5.  On 5 June 1998, the applicant was notified to appear before an administrative separation board and advised of his rights.  

6.  On 1 July 1998, the administrative separation board convened and the applicant appeared with counsel.  The board recommended the applicant’s discharge due to a deeply ingrained maladaptive pattern of behavior of a long duration, which interferes with the Soldier’s ability to perform his duty.  Because of this disorder, the Soldier’s ability to function effectively in a military environment is significantly impaired and he should receive an honorable discharge.

7.  On 30 November 1998, the separation authority approved the findings and recommendation of the administrative separation board and directed the applicant’s discharge 
with a characterization of service of honorable.

8.  The applicant was discharged from the Army on 23 December 1998, with an honorable characterization of service.

9.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or any actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  The record contains the administrative separation board proceedings, dated 1 July 1998 

which indicated the applicant be separated for a personality discharge with an honorable discharge.

2.  He received a successful NCOER covering the period s from January 1997 through April 1998 and two marginal NCOERs covering the periods from August 1997 through November 1998.

3.  A Mental Status Evaluation, dated 1 February 1998 indicated the applicant was diagnosed by a competent medical authority with a personality disorder, not otherwise specified (NOS), with paranoid and antisocial traits.

4.  An independent psychological evaluation, dated 22 April 1998, indicated there were no collateral reports or any empirical evidence to support a diagnosis of a personality disorder.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, and a R4 Therapeutic Solutions, independent clinical evaluation (three pages).

POST-SERVICE ACTIVITY: 

The applicant did not provide any information 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.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, for a personality disorder.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFX" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation was carefully considered.  However, after a careful review of his military records during the period of enlistment under review, the issues and documents submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for discharge.  

2.  The record confirms that the applicant was diagnosed by a competent medical authority with a personality disorder, not otherwise specified (NOS), with paranoid and antisocial 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.  

3.  The applicant requested a change to the narrative reason for his discharge.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-13, for a personality disorder.  The regulation further stipulates that no deviation is authorized.

4.  The applicant contends he underwent an independent clinical evaluation that concluded he did not show any signs of a personality disorder nor reason for his discharge.  The R4 Therapeutic Solutions, independent clinical evaluation indicated there were no signs of a personality disorder.

5.  Further, 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 this contention.  The independent evidence in the record, and that provided by the applicant did not overcome the presumption of regularity that he was misdiagnosed by competent medical authority.

6.  The applicant also contends his command wanted to retaliate against him.  The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

7.  The applicant additionally contends he was discriminated against in that his career was destroyed by a person submitting false documents that he had a personality disorder.  Although the applicant alleges that he experienced discrimination during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support his request for an upgrade of his discharge.

8.  Therefore, the narrative reason for discharge being both proper and equitable, the analyst recommends the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  1 July 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	NA
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)		AR20130017573



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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