Applicant Name: ????? Application Receipt Date: 2010/03/02 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states,"He was given a personality disorder as reason for separation. But fully completed his term of service with one minor infraction (Article 15). Never given due process." 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: 081210 Discharge Received: Date: 080117 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: Headquarters, 4th Bde Cbt Tm, 10th Mountain Division (Rear) (Provisional), Fort Polk, LA Time Lost: None Article 15s (Charges/Dates/Punishment): The applicant mention in his DD Form 293, that he received an Article. However, this document is not part of the available record. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 040113 Current ENL Term: 04 Years ????? Current ENL Service: 04 Yrs, 00 Mos, 05 Days ????? Total Service: 05 Yrs, 09 Mos, 23 Days ????? Previous Discharges: USAR-020325-040112/NA Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 21E10 Heavy Construction Equipment Operator GT: 93 EDU: HS Grad Overseas: Southwest Asia Combat: Afghanistan (060308-061123) Decorations/Awards: NDSM, ACM, GWOTSM, HSM, ASR, OSR V. Post-Discharge Activity City, State: Chambersburg, PA Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 12 October 2007, the applicant was diagnosed by competent medical authority with ADHD child onset, poly-substance abuse disorder by history, and paranoid personality disorder with antisocial traits and recommended expeditious separation in accordance with Chapter 5-13, AR 635-200. On 10 December 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-13, AR 635-200,by reason of personality disorder, for a diagnosis by competent medical authority of a long standing disorder of character, behavior, and adaptability that is of such severity as to preclude adequate military service. The unit commander recommended 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. On 14 December 2007, the separation authority directed the applicant’s discharge with a characterization of service of fully 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 during the period of enlistment under review and the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214. The analyst noted the applicant was diagnosed by competent medical authority with ADHD child onset, poly-substance abuse disorder by history, and paranoid personality disorder The unit commander properly initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of personality disorder, with a characterization of service of honorable. 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 "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. The evidence of record shows that the applicant consulted with legal counsel and was advised of the impact of the discharge action. There is no evidence in the record, nor has the applicant produced any evidence, to support his contention that he was denied due process. In view of the foregoing, the analyst determined the narrative reason for discharge 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: 10 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [redacted] Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (100216); and DD Form 214, dated (080117). VIII. 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 not to change it. 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 AR20100009567 ______________________________________________________________________________ Page 3 of 4 pages