Applicant Name: ????? Application Receipt Date: 2010/06/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, “I was separated under AR 635-200 in January of 2010. The wording in this chapter states 'other physical or mental condition.' My medical records (military) state that I suffer from a schizoid personality disorder, (see item 13).” 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: 091118 Discharge Received: Date: 100105 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: 1st Brigade Combat Team, 1st Armored Division (Rear) (Provisional), fort Bliss, TX 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: 24 Current ENL Date: 080114 Current ENL Term: 3 Years 16 Weeks Current ENL Service: 1 Yrs, 11 Mos, 22 Days ????? Total Service: 1 Yrs, 11 Mos, 22 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 115 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: El Paso, TX Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 November 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability for being diagnosed by competent medical authority with an obsessive compulsive disorder and schizoid personality disorder, with a honorable discharge. He was advised of his rights. On 24 November 2009 the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge. On 11 December 2009, the separation authority directed the applicant’s discharge 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 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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 recommends that relief be denied in this case. A mental status evaluation by competent medical authority diagnosed the applicant with an obsessive compulsive disorder and a schizoid personality disorder. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service. In pertinent part, AR 635-200, chapter 5-17 states, commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to a disability and excluding conditions appropriate for separation processing under paragraph 5–11 or 5–13 that potentially interfere with assignment to or performance of duty. Included under chapter 5-17 are disorders that manifest in disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. 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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3” and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis. The analyst noted the applicant's re-enlistment issue and his contention that he was not properly diagnosed by the Army medical professional. If the applicant still contends that he was improperly diagnosed and should be allowed to re-enlist he may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. For re-enlistment purposes the applicant should also continue to work with his local recruiter. Recruiters 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 if appropriate. Therefore, 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: 16 March 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement, DD Form 214, and a memorandum from Dr. [redacted]. 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 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 5 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: NA 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 AR20100017395 ______________________________________________________________________________ Page 3 of 3 pages