Applicant Name: ????? Application Receipt Date: 2009/07/21 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests a change to the narrative reason for separation to physical disability retirement. Also, he relates being subject to constant scrutiny and ridicule from his platoon leadership that resulted in him becoming extremely depressed and hopeless. 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: NIF Date: NIF Discharge Received: Date: 090115 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: HHC, 3rd Infantry Regiment (Old Guard), Fort Myer, VA Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Courts-Martial (Charges/Dates/Punishment): NIF Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 29 Current ENL Date: 060915 Current ENL Term: 04 Years 20 Weeks/with an approved administrative waiver (060522) and an approved moral waiver (060517) Current ENL Service: 02 Yrs, 07Mos, 01Days ????? Total Service: 02 Yrs, 08Mos, 13Days ????? Previous Discharges: RA-000614-000725/UNC Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 42A10 Human Resources Spec GT: NIF EDU: College Grad Overseas: None Combat: None Decorations/Awards: AAM, NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Woodbridge, VA Post Service Accomplishments: The American Legion Memorandum of Brief with forty one (41) pages of documents inclued certifcates of completion, certifcates of award, certificates of achievement, certificates of participation, certificates of appreciation, showing his prior-service, in-service, and post-service accomplishments. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. His 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 discharge. Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of "3." 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 military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a 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 a discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. That DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with an honorable discharge. The DD Form 214 further shows a Separation Code of JFX (i.e., personality disorder). 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 "Personality Disorder" and the separation code is "JFX," and the reentry code is "RE 3." 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. Regarding the applicant's contention that he was subject to constant scrutiny and ridicule from his platoon leadership that resulted in him becoming extremely depressed and hopeless. After a careful review of the available records, the analyst found no evidence of arbitrary or capricious actions by the command. 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. The analyst acknowledges the independent document (Department of Veterans Affairs) submitted with the application indicating that the applicant was diagnosed with a major depressive disorder (also claimed as sleep disorder), which was determined to be service connected and granted a 50% disability rating. Further, the applicant would have been diagnosed by competent medical authority with a personality disorder, and subsequently discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder. The analyst acknowledges the applicant's successful transition to civilian life and noted the many accomplishments outlined in the documents with the application. However, in review of the applicant’s entire service record, the analyst found that these accomplishments did not overcome the narrative reason for discharge granted. The analyst determined that the applicant’s Official Military Personnel File (OMPF) does not contain all the specific documents that would indicate the reason for the separation action from the United States Army. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears based on the DD Form 214, that the narrative reason for discharge, to include the reentry eligibility (RE) code was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 12 July 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [redacted] Witnesses/Observers: No Exhibits Submitted: The applicant submitted a DD Form 149 and the following documents: DD Form 214, dated (090115); Self-Authored Statement; Department of Veterans Affairs Rating Decision, seven (7) pages, dated (090323); Department of Veterans Affairs Claim Approval, five (pages), dated (090402); Additional Documents: The American Legion Memorandum/Brief with forty one (41) pages , dated (090717). VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None 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 AR20090013028 ______________________________________________________________________________ Page 3 of 3 pages