Applicant Name: ????? Application Receipt Date: 2008/02/11 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The Applicant states that with this General Discharge he can't find decent employment. He didn't know that his depression, a condition that existed prior to entry, would affect his becoming a good soldier. He self admitted to a hospital and was recommended for discharge by his doctor. He provides a prescription for his condition along with his application. He also states that he informed his basic training chain of command of his medical history and the officer in charge placed him on LOS for three days and made him resume training. He also informed his NCOs and officers at Fort Campbell, provided documentation and they sent him back to Fort Lewis and removed him from his unit. 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: 070416 Discharge Received: Date: 070508 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: Repl. Co, USAG, Fort Campbell, KY 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: 30 Current ENL Date: 060607 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 11Mos, 02Days ????? Total Service: 00 Yrs, 11Mos, 02Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 92A10/Automated Logistics Spc GT: 121 EDU: COLL Degree Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Columbia, SC Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 27 March 2007, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed and anxious mood, other mental issues, and with a personality disorder not otherwise specified (NOS). On 16 April 2007, 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, diagnosed by a medically qualified psychiatrist as suffering from a long standing disorder of character and behavior, which is of such severity as to interfere with his being able to adequately serve in the U.S. Army. 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. On 17 April 2007, the applicant consulted with legal counsel, 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. On 30 April 2007, the separation authority directed that the applicant be discharged with a characterization of service of fully honorable. The Applicant’s DD Form 214 incorrectly indicates in block 24 that his characterization of service was under honorable conditions (general). 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: Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general under honorable conditions. In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "Honorable”, which was approved by the separation authority. Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the discharge was both proper and equitable. Furthermore, 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 "Separation Because of 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. In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an administrative correction in the characterization of service to fully honorable. However, the analyst determined that 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: 14 November 2008 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Discussion, Determination, and Recommendation Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general under honorable conditions. In view of the error, the Board directed that an administrative change be made to block 24, character of service to "Honorable”, as approved by the separation authority. Except for the foregoing modification to the applicant's characterization of service, the Board determined that the reason for separation was both 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 President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080002548 ______________________________________________________________________________ Page 1 of 3 pages