IN THE CASE OF: Mr. BOARD DATE: 3 December 2014 CASE NUMBER: AR20140018540 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and the Discussion and Recommendation that follows, 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. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge to be proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, that his discharge was the result of suffering from PTSD after serving in Iraq as diagnosed by the Veterans Administration. He contends he has been diagnosed 60 percent disabled of which 50 percent is related to PTSD. He believes he was improperly diagnosed and treated, costing his career in the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 20 October 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 30 September 2003 d. Reason/Authority/SPD/RE Code: Personality Disorder, AR 635-200, Chapter 5, paragraph 5-13, JFX, RE-3 e. Unit of assignment: A Btry, 3rd Bn, 18th FA, Fort Sill, OK f. Current Enlistment Date/Term: 3 April 2002, 3 years g. Current Enlistment Service: 1 year, 5 months, 28 days h. Total Service: 1 year, 5 months, 28 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 13B10, Cannon Crewmember m. GT Score: 115 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Iraq (030401-030702) q. Decorations/Awards: ICM-w/2BS, NDSM, ASR, GWOTSM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 3 April 2002, for a period of 3 years. He was 19 years old at the time of entry and a high school graduate. He was serving at Fort Sill, OK when his discharge was initiated. The record indicates the applicant served in Iraq. The record does not contain any evidence of acts of valor or meritorious achievements. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 4 July 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 a personality disorder. He was diagnosed by a medically qualified psychiatrist with having a pervasive and persistent personality disorder which render him incapable of being fit for military duty. 2. The commander recommended a honorable discharge and advised the applicant of his rights. 3. On 5 August 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and indicated his intentions to submit a submit a statement in his own behalf which was not found in the record. 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 a general, under honorable conditions discharge. 4. On an unknown date, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 30 September 2003 with a characterization of service of general, under honorable conditions. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, imposed on 9 January 2003, for wrongfully using marijuana between (020922 and 021021). Punishment consisted of a reduction to the grade of E-1, forfeiture of $226.00 pay per month for one month, extra duty for 45 days, and restriction for 30 days (suspended) (FG). 2. Report of Behavioral Health Evaluation, dated 20 August 2003, which indicates the applicant was diagnosed with an adjustment disorder. The clinical psychologist indicted and administrative separation under AR 635-200, paragraph 5-13 would be in the best interests of the individual and the military. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, two DD Forms 215, dated 30 June 2006 and 21 October 2011, a copy of his decision letter from the Department of Veterans Affairs, dated 7 February 2007, and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: None was provided by the applicant. REGULATORY AUTHORITY: 1. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered 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 military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired. 2. Army policy requires the award of a fully honorable discharge in such case. 3. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After carefully reviewing all of the applicant’s military records for the period of enlistment under review and the issues and documents he submitted, it appears that the characterization of service is improper. 3. The record confirms 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. The applicant was not in entry level status and his service, per the governing regulation, should have been characterized as honorable. 4. In view of the foregoing, the characterization of service being improper, the analyst recommends the Board grant relief in the form of an upgrade of the characterization of service to honorable. However, the reason for discharge remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 3 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140018540 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1