PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1.  Character of Discharge:  Honorable

2.  Date of discharge (or REFRAD):  010209

3.  Authority for separation:

	a.  Regulation:  Chapter 5, AR 635-200

	b.  Reason:  Personality Disorder

4.  Prior review(s):  NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.	Service data:                              2.  Awards and decorations:
			                          GCMDL                       
a.  Period entered for: 4 Years                NDSM
b.  Entry date: 000307                         NATOMDL      
c.  Age: 28  Years   DOB: 710907               AFSM                                  
d.  Educational level:  HS Grad                ASR                                 
e.  Aptitude area score:
	    GT: 123                                3.  Highest grade achieved:
    f.  Length of Service:                         E4
         0 Year(s)  11 Month(s)  3 Day(s)                                  
                                                           
                                               4.  Performance evaluations:  
                                                   NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5.  Periods of unauthorized absence:  NONE
                                                                    
    Status       Inclusive dates                       
	AWOL                                                               

	Mil conf                                                           

	Civil conf                                                         

	Other                                                              

6.  Nonjudicial punishment:  NONE

	Date 	Offense(s)

7.  Court-Martial data:  NONE

	a.  SCM:  
		Date   Offense(s)

	b.  SPCM:  
		Date   Offense(s)

	c.  GCM:	 
		Date   Offense(s)

8.	Remarks:  NONE

SECTION B - Prior Service Data

Other discharge(s):

	Service	From	To	Type Discharge
	USMC	940609	980808	Honorable
	USMCR	980809	000306	NA

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l.  Facts and Circumstances:

	a.  Evidence of record shows that on 23 January 2001, Orders 023-0004, DA, B Detachment, 203rd Personnel Service Battalion, Fort Richardson, Alaska, discharged the applicant from the Regular Army, effective date: 9 February 2001.  The record contains 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 that he was discharged under the provisions of Chapter 5, AR 635-200 by reason of personality disorder with a characterization of service of honorable.  The specific facts and circumstances leading to the applicant’s discharge are not contained in the available records.  

	b.  On 9 February 2001, the applicant was discharged.  At the time of discharge, the applicant had completed 11 months, and 3 days of active military service under review and had a total of 5 years, 1 month, and 3 days of active military service.  

2.  Legal/Regulatory Basis for Separation Action:  Army Regulation 635-200 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 soldiers 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 cases.

SECTION B-APPLICANT’S SUBMISSIONS

1.  Issue(s) of propriety and/or equity submitted by applicant or counsel.
    As stated on applicant’s DD Form 293.

2.  Exhibit(s) submitted:

	A-1:  DD Form 293, dated 010524, with three (3) enclosure(s).
	A-2:  Counsel Issues:  NONE
	B-l:  Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor      ( ) Legal Advisor

      a.  Medical prehearing comments (if applicable):

      b.  Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1.  Review/hearing information:

	a. Type requested:
	   ( X ) Records review             (   ) Hearing

	b. Type Held:
	   ( X )Records review              (   ) Hearing
	                                    (   ) Tender Offer

	c. Review/hearing location and date:  Washington, DC on 1 August 2001.  

	d. Appearance by:
	   Applicant                 (   ) Yes   ( X ) No
	   Counsel                   (   ) Yes   ( X ) No

	e.  Applicant testified:     (   ) Yes   ( X ) No
	
	f.  Counsel presentation:    (   ) Yes   ( X ) No
	
	g.  Witness(es) testified:   (   ) Yes   ( X ) No
	                                                
2.  Exhibit(s) submitted at hearing:  

PART VI - ISSUES AND FINDINGS

1.  a.  Applicant's issue(s) of propriety and/or equity:

	    ( X )	Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
	    (   )	Revised issue(s) furnished in writing by applicant as follows:
	    (   )	Additional issue(s) identified during review/hearing as follows:

	b.  Request:  (   ) Recharacterization     ( X ) Change of Reason

2.  Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

	a.  Propriety:	The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

        (1)  The issue is rejected.  The Board carefully examined the applicant’s record of service during the period of enlistment under review.  The specific facts and circumstances leading to the applicant’s separation are not contained within the record.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows the applicant was honorably discharged under the provisions of Chapter 5, AR 635-200, by reason of a personality disorder.  This document also shows that the applicant was available to authenticate his DD Form 214.  While all the facts leading to the applicant’s discharge are not now available, procedurally he was required to undergo a mental evaluation by competent medical authority prior to initiation of Chapter 5 proceedings.  Since the applicant has not submitted any probative medical evidence showing that he was not suffering from a personality disorder at the time of his discharge, the Board presumed government regularity in the discharge process.  RE codes are assigned based on an individual’s service record or the reason for discharge.  The Board determined that the applicant was appropriately assigned an RE Code of 3 which indicates that he requires a waiver prior to being allowed to reenlist.  The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief.

	b.  Equity:	The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge.  The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document

3.  Response(s) to item(s) not addressed as decisional issue(s):  NONE

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.	Board conclusion(s):

	The discharge was:

	( X )	Proper.
	(   )	Improper as to characterization.  Change characterization to                                     .
	(   )	Improper as to reason.  Change reason to                         under                      .

	( X )	Equitable.
	(   )	Inequitable as to characterization.  Change characterization to                               .
	(   )	Inequitable as to reason.  Change reason to                       
		under                                 .
	(   )	Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                         .

2.  Voting record:      Change   No Change
	            Reason       0         5  
    Characterization       0         5   

	  The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below.  The request must contain the CASE NO. located in the upper right corner of this document.

                  Department of the Army Review Boards Agency
                  ATTN:  Promulgation Team
                  1941 Jefferson Davis Highway, 2nd Floor
                  Arlington, VA  22202-4508

3.  Minority views:  NONE  

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified	

Ms. McKim-Spilker                                                        
Case Reviewing Official	

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

NONE

SECTION B - CERTIFICATION

Approval Authority:

GERARD W. SCHWARTZ
Colonel, U.S. Army
President, Army Discharge
   Review Board

Official:

EARNEST C. SMITH, JR.    
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge              	C - Other 
B - Material submitted by applicant

INDEX RECORD:

AR Number:  2001058119                    INDEX NUMBERS:  A0113
Date of Review:  010801                                   A9500
Character of Service:  HD                                 
Date of Discharge:  010209                                
Authority:  AR 635-200 C5                         
Reason:  A8600                                            
Results of Board Action/                                  
Vote/Affirmation:  NC 5-0 A                               

PART IX - VOTING RECORD

    Name                                   Reason          Characterization
                                           CHANGE   NC     HON  UHC   NC  UNCHAR

    1. 	Mbr          X                 X       

    2. 	Mbr          X                 X       

    3. 	Mbr          X                 X       

    4. 	Mbr          X                 X       

    5. 	PO           X                 X