IN THE CASE OF:  	Mr.

      BOARD DATE:  	10 March 2014

      CASE NUMBER:  	AR20130020504
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony 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 an upgrade of his uncharacterized discharge to honorable, a change to the narrative reason for discharge, and his reentry (RE) code.

2.  The applicant states, in effect, he desires to rejoin the military.  He contends he was misdiagnosed with an adult personality disorder after discussing with his drill sergeant how sad he was because he missed his family.  He states he had to attend daily counseling sessions; however, he never spoke with a physician nor was he prescribed medication.  He contends he was very disappointed in his discharge and would like to rejoin the military without having to obtain a waiver.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			15 November 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				23 August 2007
d. Reason/Authority/SPD/RE Code:		Personality Disorder, AR 635-200, Paragraph
5-13, JFX, RE-3
e. Unit of assignment:				Alpha Company, 1-46 Infantry, 194th Armored
Brigade, Fort Knox, KY
f. Current Enlistment Date/Term:		12 February 2007/3 years, 22 weeks
g. Current Enlistment Service:		6 months, 12 days
h. Total Service:				6 months, 12 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					88
n. Education:					GED
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			Yes
u. Prior Board Review:				Yes/11 July 2012
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 12 February 2007 for a period of 3 years and 22 weeks.  He was 27 years old at the time of entry and had a General Equivalency Diploma.  His record is void of any significant awards and acts of valor.  He completed 6 months, 12 days of active duty service.  When his discharge proceedings were initiated, he was serving at Fort Knox, Kentucky.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 25 July 2007,  the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed mood, a borderline personality disorder, super lacertations, left forearm and right leg, and occupational; not able to handle military stress.  

2.  On 26 July 2007, 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 medical officials with having a personality disorder. 

3.  The commander recommended a uncharacterized discharge and advised the applicant of his rights.  

4.  On 10 August 2007, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived a personal appearance before an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commanders reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge.  

5.  On 20 August 2007, the separation authority directed the applicant’s discharge with a characterization of service as uncharacterized.

6.  The applicant was discharged from the Army on 23 August 2007, under the provisions of AR 635-200, paragraph 5-13, personality disorder, with a characterization of service as uncharacterized, and SPD code of JFX and a 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.  A negative counseling statement, dated 25 July 2007, for initiation of separation from the military under AR 635-200, Chapter 5-13, Personality Disorder.

2.  MEDCOM Form 699-R (Report of Mental Status Evaluation), dated 25 July 2007, indicating the applicant had a clear thought process.  He was diagnosed with an adjustment disorder with depressed mood and a borderline personality disorder.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application, dated 28 October 2013, and a DD Form 214.
POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of 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, 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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.   However, the evidence of record shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder, with an uncharacterized separation of service and a reentry eligibility (RE) code of 3.  

2.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  The applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished immediately following approval by the separation authority.  
3.  Further, a general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The applicant’s record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

4.  The applicant contends that a change in the reason for the discharge and his reentry code would allow for his reenlistment.  However, 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 personality disorder.  The regulation further stipulates that no deviation is authorized.  

5.  Further, 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.  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.  There are no basis upon which to grant a change to the reason or to the RE code.

6.  The applicant contends he was misdiagnosed, never given any medication, never spoke with a physician, and did not receive any counseling, but told he would be returning to duty.  However, a careful review of the entire record reveals the applicant underwent a mental status evaluation on 25 July 2007, which indicates he was not compatible with further military service based on his diagnosis.  Further, it appears the applicant’s chain of command determined that although he was suffering from a personality disorder, he knew the difference between what was right and wrong, was mentally responsible, and had a clear thought process, as indicated by the mental status evaluation.  It appears that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.   

7.  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 issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discriminated.  In fact, the applicant was diagnosed by competent medical authorities with a personality disorder, determined not be compatible with further military service.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.   


8.  Therefore, the reason for discharge and characterization of service being both proper and equitable, recommend the Board deny relief.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Personal Appearance     Date:  10 March 2014     Location:  Washington, DC

Did the Applicant Testify?  Yes 

Counsel:  None

Witnesses/Observers:  None

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Personal Letters of Recommendation – 4 pages
	b.  Civilian Psychologist Evaluation – 8 pages

2.  The applicant presented the additional contentions:

	a.  Change narrative reason for separation to Secretarial Authority
	b.  Change Reentry Eligibility code to [not specified] – it was presumed ‘1’.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

Board Vote:
Character Change:  0	No Change:  5
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:	No Change
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)		AR20130020504



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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