Applicant Name: ????? Application Receipt Date: 2009/04/20 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and documents submitted by the Applicant. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 070824 Discharge Received: Date: 070831 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: HHC, 705th MP Bn (Internment and Resettlement), Ft. Leavenworth, KS Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 050112 Current ENL Term: 5 Years ????? Current ENL Service: 2 Yrs, 07Mos, 19Days ????? Total Service: 2 Yrs, 07Mos, 19Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 31E10 Corrections Specialist GT: 111 EDU: HS Grad Overseas: SWA Combat: Iraq (061204-070720) Decorations/Awards: NDSM, GWOTSM, ICM, ASR V. Post-Discharge Activity City, State: Cocoa, FL Post Service Accomplishments: Nothing provided by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 20 August 2007, the applicant was diagnosed by competent medical authority with an schizoaffective disorder, bipolar type and antisocial personality disorder. On 24 August 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 Schizoaffective Disorder, Bipolar Type and Antisocial Personality Disorder and Mixed Cluster B Traits diagnosed by a medically qualified psychiatrist, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army. It was also concluded that efforts to rehabilitate or develop him into a satisfactory member of the military would be unsuccessful or unlikely. The unit commander recommended an honorable discharge. He was advised of his rights. The applicant consulted with legal counsel and 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. On 27 August 2007, the separation authority directed that the applicant be discharged with a characterization of service of fully honorable. b. Legal Basis for Separation: 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 Soldier's 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 case. c. Response to Issues, Recommendation and Rationale: After a careful review of the applicant’s military records during the period of enlistment under review and the issue and documents he submitted, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214. The analyst noted that the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct and personality disorder not otherwise specified with borderline features. The unit commander properly initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a characterization of service of honorable. Furthermore, the analyst noted the applicant's issue, 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. 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 is no provision for any other reason to be entered under this regulation. In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 100122 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090007378 ______________________________________________________________________________ Page 1 of 3 pages