Application Receipt Date: 080803 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting documents. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 050401 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: 82d Airborne Division, 2d Brigade Replacement, Fort Bragg, NC 28310 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 850722 Current ENL Date: 030806 Current ENL Term: 03 Years ????? Current ENL Service: 01 Yrs, 07Mos, 26Days ????? Total Service: 01 Yrs, 07Mos, 26Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11B1P (Infantryman) GT: NIF EDU: NIF Overseas: Southwest Asia Combat: Iraq (041205-050128) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, Parachutist Badge V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant's record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. That DD Form 214 indicates the applicant was discharged under the provisions of Paragraph 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge. Furthermore, the DD Form 214 shows a Separation Code of JFX (Personality Disorder) and RE Code "3." Evidence of record shows that on 16 March 2005, Orders 075-0309, DA, HQ, 82d Airborne Division, Fort Bragg, North Carolina 28310-5100, discharged the applicant from the Regular Army, effictive date:1 April 2005. 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 available records for the period of enlistment under review, the issue and independent evidence he submitted, the analyst found no mitigating factors that would merit an change to the applicant's narrative reason for discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. However, the applicant’s DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-13, AR 635-200 by reason of personality disorder, with an honorable characterization of service. This document identifies the reason and characterization of the discharge and the analyst presumed Government Regularity in the discharge process. In connection with this type of discharge, the applicant would have been diagnosed by competent medical authority with a condition that is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform her duty. In the absence of evidence to the contrary, the analyst presumed Government Regularity in the discharge process. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the narrative reason for discharge remains both proper and equitable and the analyst recommends to the Board to deny relief in this case. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 0 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. 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 to deny relief. Case report reviewed and verified by: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060011552 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages