Applicant Name: ????? Application Receipt Date: 2010/09/22 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable. He contends that he desires to receive VA benefits. 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: 070209 Discharge Received: Date: 070222 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: A Co, 173rd Bde Spt Bn, APO AE 09139 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: 20 Current ENL Date: 060706 Current ENL Term: 04 Years 18 Weeks/with a moral waiver (060610) Current ENL Service: 00 Yrs, 07 Mos, 20 Days ????? Total Service: 00 Yrs, 07 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 88M10 Motor Transport Operator GT: 105 EDU: GED Overseas: Germany Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Mt Airy, NC Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 26 January 2007, the applicant was diagnosed by competent medical authority with an anti-social personality disorder (NOS), and recommended that the command consider expeditious administrative separation under the provisions of Chapter 5, paragraph 5-13, AR 635-200. On 9 February 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 being diagnosed with a personality disorder, with an honorable discharge. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not indicate if a statement was submitted 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 fully honorable discharge. 14 February 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, the issues and documents submitted with the application, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 24 "Character of Service" as "general, under honorable conditions." The analyst recommends that block 24, "Character of Service" be administratively corrected to "fully honorable" as approved by the separation approving authority. Except for the foregoing modification to the applicant's "Character of Service," the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 June 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (100910); DD Form 149, dated (100910); Memorandum, Clear Without Orders, dated (070130); DA 699 Report; Letter, Arm Continuing Education System (ACES), dated (070208); VA Form 4107, dated (100820); DD Form 2366, Montgomery GI BillAct of 1984, three (3) pages, (060612); Unit/Installation Clearance Record, four (4) pages, dated (070209); and DA Form 2648 (Preseparation Counseling Checklist), three (3) pages, dated (070209). 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 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 this error, the Board voted to administratively correct block 24, Character of Service" to "fully honorable." Except for the foregoing modification to the applicant's "Character of Service," the Board determined that the 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 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: Correct block 24 "Character of Service" to "fully Honorable." 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 AR20100024827 ______________________________________________________________________________ Page 2 of 3 pages