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): 950508 3. Authority for separation: a. Regulation: Chapter 4, AR 635-120 b. Reason: Substandard Performance 4. Prior review(s): NONE PART III - SERVICE HISTORY SECTION A - Period of Service Under Review 1. Service data: 2. Awards and decorations: NDSM a. Period entered for: Indefinite ASR b. Entry date: 940123 c. Age: 23 Years DOB: 700530 d. Educational level: Coll. Grad. e. Aptitude area score: GT: NIF 3. Highest grade achieved: f. Length of Service: 02 1 Year(s) 3 Month(s) 16 Day(s) 4. Performance evaluations: See OMPF 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 ARNGUS 880512 880723 NA ADT 880724 890602 Honorable ARNGUS 890603 891226 NA USAR 901101 930714 NA USAR(Comm.) 930715 940122 NA PART IV - PREHEARING REVIEW SECTION A-ANALYST’S ASSESSMENT l. Facts and Circumstances: a. Evidence of record shows that on 20 October 1994, the applicant was notified to show cause for retention on active duty under the provisions of AR 635-100, Chapter 5, and AR 635-120, Chapter 4, because of substandard performance of duty. The specific reasons for initiation of elimination were: Apathy, defective attitudes, or other character disorders to include inability or unwillingness to expend effort; and, a personality disorder with borderline traits which interfered with his ability to successfully perform duties within a military environment. The chain of command recommended approval of the resignation in lieu of elimination proceedings with issuance of an honorable discharge. On 17 March 1995, the Deputy Assistant Secretary (Army Review Boards) approved the recommendation of the Army Ad Hoc Review Board and directed that the applicant be discharged with a characterization of service of honorable. All the facts and circumstances leading to the applicant’s separation from service are not contained in the file. b. On 8 May 1995, the applicant was discharged. At the time of discharge, the applicant had completed 1 year, 3 months, and 16 days of active military service in the period under review and had a total of 4 years, 10 months and 7 days of active military service. 2. Legal/Regulatory Basis for Separation Action: AR 635-100, Chapter 5, prescribes the procedures to eliminate officers for substandard performance of duty, misconduct, moral or professional dereliction, or in the interest of national security. Paragraph 5-10, inter alia, authorizes elimination of an officer due to substandard performance when an officer who exhibits apathy, defective attitudes, or other character disorders to include inability or unwillingness to expend effort. Chapter 4 of AR 635-120, in pertinent part, provides that an officer who has been selected for elimination or to show cause why he or she should not be eliminated pursuant to Chapter 5, AR 635-100, may tender a resignation in lieu of elimination action. 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 020625, with seven (7) 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 7 November 2002. 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 applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge. b. Equity: 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 available record during the period of service under review. The Board noted that all the documentary evidence leading to the applicant’s separation from service is not contained within the official record. However, when the applicant was notified to show cause for retention on active duty, his command indicated that the record contained several official documents, to include a valid psychiatric examination showing that the applicant was diagnosed with a personality disorder with borderline traits and that he exhibited, apathy, defective attitude, or other character disorders to include an inability or unwillingness to expend effort. The Board is unable to ascertain whether the applicant’s apathy, defective attitude, and/or ability to expend effort were based upon the personal problems that he now submits in mitigation. In the absence of evidence to the contrary, the Board presumed regularity in the discharge process. The Board, being convinced that the reason for discharge was both proper and equitable, voted to deny relief. 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: SPURGEON A. MOORE Colonel, U.S. Army President, Army Discharge Review Board Official: JOHN F. LONG 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: 2002076660 INDEX NUMBERS: A0113 Date of Review: 021107 A9307 Character of Service: HD Date of Discharge: 950508 Authority: AR 635-120 C4 Reason: A8000 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. Mbr      X          X