IN THE CASE OF:  	Mr.

      BOARD DATE:  	9 May 2014

      CASE NUMBER:  	AR20130018347
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the examiner’s 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 that the narrative reason for his separation be changed.

2.  The applicant states, in effect, he was discharged under honorable conditions but his narrative reason for separation was characterized as a personality disorder when it really was PTSD.  He is now at 70% for PTSD and that’s always been the reason and it began after his deployment.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			7 October 2013
b. Discharge Received:			Honorable
c. Date of Discharge:				31 March 2006
d. Reason/Authority/SPD/RE Code:		Personality Disorder, AR 635-200,
Chapter 5-13, JFX, RE-3
e. Unit of assignment:				B Company, 210th Brigade Support Battalion,
Fort Drum, NY
f. Current Enlistment Date/Term:		31 July 2003, 3 years
g. Current Enlistment Service:		2 years, 8 months
h. Total Service:				2 years, 8 months
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		92Y10, Unit Supply Specialist
m. GT Score:					102
n. Education:					HS Grad
o. Overseas Service:				Southwest Asia
p. Combat Service:				Kuwait/Iraq (040617-051016)
q. Decorations/Awards:			NDSM, GWOTSM, CAB
r. Administrative Separation Board: 		No
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 31 July 2003, for a period of 3 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Kuwait and Iraq.  He earned a CAB and completed 2 years and 8 months of active duty service.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 2 March 2006, the applicant was diagnosed by competent medical authority with an Axis I: adjustment disorder with mixed disturbance of emotions and conduct; Axis II: personality disorder NOS (Primary Diagnosis); and Axis III: back pain.  

2.  On 10 March 2006, 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; in that he was diagnosed by a medically qualified psychiatrist as having an adjustment disorder with mixed disturbances of emotions and conduct and a personality disorder NOS (Primary Diagnosis).  

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

4.  On 9 March 2006, 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 recommended approval with an honorable discharge.  

5.  On 16 March 2006, the separation authority directed the applicant’s discharge with a characterization of service of honorable.

6.  The applicant was discharged from the Army on 31 March 2006, under Army Regulation 635-200, Chapter 5-13, with an honorable characterization of service, an SPD code of JFX and an RE code of 3.  

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.  Article 15, dated 26 August 2004, for disobeying a lawful order from a SSG (040816), disrespectful in deportment towards a SSG x 2 (040816), (040814), failing to go to his appointed place of duty (040814), and without authority, go from his appointed place of duty (040814).  The punishment consisted of reduction to the grade of private (E-2), forfeiture of $300.00 pay per month for one month (suspended), to be automatically remitted if not vacated before (050226) (CG) 

2.  One counseling statement dated 3 March 2006, informing the applicant of his separation from active duty for a personality disorder IAW AR 635-200, Chapter 5-13.  
      
3.  A Report of Mental Status Evaluation dated 2 March 2006, that diagnosed the applicant with an Axis I: adjustment disorder with mixed disturbance of emotions and conduct; Axis II: personality disorder NOS (Primary Diagnosis); and Axis III: back pain.  He was recommended for an expeditious discharge from the Army IAW AR 635-200, Chapter 5-13, which was in the best interest of both the applicant and the Army.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant did not provide any with the application.  

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the 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, Paragraph 5-13, 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.

ANAYLYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for his discharge was carefully considered.  However, after a careful review of his military records during the period of enlistment under review and the issue he submitted, 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 competent medical authority with an adjustment disorder with mixed disturbances of emotions and conduct and a personality disorder NOS (Primary Diagnosis).  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 requests a change to 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.  

4.  The applicant contends, he was discharged under honorable conditions but his narrative reason for separation was characterized as a personality disorder when it really was PTSD.  He is now at 70% for PTSD and that’s always been the reason and it began after his deployment.  The service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  Furthermore, the applicant’s request to change his narrative reason for separation to a medical reason 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.

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  Therefore, the narrative reason for separation being both proper and equitable, recommend the Board deny relief.













SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  9 May 2014       Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

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)		AR20130018347



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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