Applicant Name: ????? Application Receipt Date: 2009/11/30 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I am requesting that the RE-3 characterization be changed to RE-2 for the purpose of returning to duty. Have received clearance for the personality disorder discharge. The Recruiting Command has not been accepting RE-3's for sometime. For this reason I am requesting that this characterization be changed to RE-2. Have been trying to return to duty since separation. Have accomplished all other matters that I was informed were necessary. Unfortunately, the Recruiting Command has not been accepting RE-3's. The codes require a waiver. As such, I am requesting this be changed to RE-2." 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: 030404 Discharge Received: Date: 030423 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: B Co, 2/7th Inf Regt, Ft Stewart, GA 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: 22 Current ENL Date: 020715 Current ENL Term: 3 Years ????? Current ENL Service: 00 Yrs, 09Mos, 09Days ????? Total Service: 4 Yrs, 03Mos, 0 Days ????? Previous Discharges: USAR 970621-980614/NA RA 980615-001107/HD RA 001108-011205/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 95 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, AGCM, NDSM, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 March 2003, the applicant was diagnosed by competent medical authority with an adjustment disorder and a personality disorder not otherwise specified (NOS). On 2 April 2003, 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 personality disorder, in that he was diagnosed by a medically qualified psychiatrist with having an adjustment disorder and a personality disorder. 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 10 April 2003, the separation authority directed 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 all 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 the applicant was diagnosed by competent medical authority with an adjustment disorder and a personality disorder not otherwise specified. 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. 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. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If the applicant desires to reenlist, he should continue to contact the local recruiter to determine his eligibility to reenlist. Those individuals 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 the applicant still believes there is an error or injustice in his discharge, then he may make an application to the Army Board for Correction of Military Records, utilizing a DD Form l49, which can be obtained at a local military installation or from veteran assistance offices. 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: 15 September 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214 x 2, for the period of service ending 5 December 2001, and 23 April 2003, Progress Notes from Central Arkansas HCS (3 pages), dated 30 January 2006. 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 narrative reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 0 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: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20090020696 ______________________________________________________________________________ Page 1 of 3 pages