Applicant Name: ????? Application Receipt Date: 2010/05/12 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that upon completion of Phase I & II of his Medical Evaluation Board, due to issues pending with his ex-wife at the time his unit commander requested the quickest route for him to be discharged, and which resulted in a general, under honorable conditions characterization of service. He now has a 70 percent service connected disability and would like to go back to school and believes he deserved the GI Bill. 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: 081208 Discharge Received: Date: 090206 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: Rear Det, 5th EN Bn, Fort Leonard Wood, MO 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: 20 Current ENL Date: 070208 Current ENL Term: 4 Years 16 weeks Current ENL Service: 01 Yrs, 11Mos, 29Days ????? Total Service: 01 Yrs, 11Mos, 29Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 21B10/Combat Engineer GT: 102 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: West Palm Beach, FL Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 28 October 2008, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Having difficulties getting along with others, labile mood, lack of empathy, and poor sense of identity. These traits were all consistent with a Personality Disorder. On 16 December 2008, 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 a medically qualified psychiatrist with having a personality disorder and for having difficulties getting along with others, labile mood, lack of empathy, and poor sense of identity. He was advised of his rights. The applicant’s election of rights is not contained in the available record and the analyst presumed government regularity. The separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 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. 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. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review and the issue and documents he submitted, the analyst determined that the characterization of service is improper. The analyst noted the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge. However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III. A General, under honorable conditions may be granted only if the Soldier has been convicted by more than one special court-martial or a general court-martial. The applicant’s record contains no such convictions. In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 4 February 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214 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 characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge. Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III or upon conviction by court-martial. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 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: NA Other: None RE Code: Grade Restoration: No Yes Grade: NA 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 AR20100014744 ______________________________________________________________________________ Page 1 of 3 pages