Application Receipt Date: 061229 Prior Review Prior Review Date: Records/020515 I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached 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: 000328 Discharge Received: Date: 000620 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: A Troop 1st Bn 16th CAV Fort Knox, KY 40121 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: 781129 Current ENL Date: 970918 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 09 Mos, 03 Days ????? Total Service: 02 Yrs, 09 Mos, 03 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 19K10 M1 Armor Crewman GT: NIF EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ASR 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: Evidence of record shows that on 6 December 1999, the applicant was diagnosed by competent medical authority with a disorder of Axis I: 296.23, major depressive disorder, single episode, Axis II: 301.9, personality disorder, not otherwise specified, and Axis III: reported knee, back and GI problems. On 28 March 2000, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-13, AR 635-200, by reason of personality disorder, with 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 and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 1 June 2000, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of 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 for the period of enlistment under review, the issue and documents he submitted, the analyst recommend that relief be denied in this case. The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed with a personality disorder, not other wise specified. The unit commander subsequently recommended separation under provisions of Chapter 5-13, AR 635-200 by reason of a personality disorder, with an honorable characterization of service. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, if the applicant desires to reenlist, he should 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. Therefore, the narrative reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 15 May 2007 Location: Tampa, FL Did the Applicant Testify? Yes No Counsel: Yes [redacted] Witnesses/Observers: None Exhibits Submitted: The applicant submitted two independent psychological evaluations in support of his testimony. 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 No change (Character) Change No change (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, hearing his testimony, the two independent psychological evaluations submitted by the applicant, and considering the analyst’s recommendation and rationale, the Board determined that the narrative reason for discharge was improper. The Board found that the applicant was undergoing behavioral medicine counseling due to his insomnia, and that the medication that was prescribed for him was not working. He was then recommended for a psychological evaluation. Subsequently, the applicant was evaluated by competent medical authority and diagnosed: AXIS I: 296.23 Major Depressive D/O Single Episode, AXIS II: 301.9 Personality D/O NOS, AXIS III: Reported Knee, Back and GI problems. The findings indicated that there is no evidence of mental defect, emotional illness or psychiatric disorder of sufficient severity to warrant disposition through military medical channels, and was psychiatrically cleared. The Board presumes that the basis for the applicant’s discharge was a single episode of a major depressive disorder and not a “Personality Disorder.” In view of the foregoing, the Board voted to grant relief by changing the narative reason for discharge to "Other Designated Physical or Mental Conditions" under the provisions of Chapter 5-17, AR 635-200, with a corresponding SPD code of "JFV." Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: "Other Designated Physical or Mental Conditions" under the provisions of Chapter 5-17, AR 635-200, with a corresponding SPD code of "JFV." Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 8 June 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060017770 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages