Applicant Name: ????? Application Receipt Date: 2012/01/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she requests an upgrade of her discharge to fully honorable. She 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: 090501 Discharge Received: Date: 090515 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: B Co, Spec Trps Bn, 1st Bde Cbt Tm, Fort Bliss, TX Time Lost: None Article 15s (Charges/Dates/Punishment): 081222, without authority, failed to go at the time prescribed to her appointed place of duty x 2 (081023), (081029); being disrespectful in deportment toward a noncommissioned officer (SSG) x 2 (081023), (081204); and willfully disobeyed a lawful order from a SSG (081204); reduction to E-1 (suspended), forfeiture of $352 pay x 1 month (suspended), extra duty for 14 days and restriction for 14 days, (CG). Undated, the suspension of punishment of reduction to E-1 and the forfeiture of $352 pay x 1 month was vacated for the new offense of being disrespectful in deportment toward a SSG (090109). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 071121 Current ENL Term: 04 Years ????? Current ENL Service: 01 Yrs, 05 Mos, 25 Days ????? Total Service: 01 Yrs, 05 Mos, 25 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: 25L10 Cable System Installer/Maintainer GT: 95 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 6 January 2009, the applicant was diagnosed by competent medical authority with a disorder of Axis II: borderline personality disorder and she was recommended for an expeditious separation. This disorder precluded her from further military service. On 1 May 2009, 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 being diagnosed with a borderline personality disorder, that was of such severity that it precluded adequate military service, her psychiatric issues were incompatible with continued active duty. Also she had been disrespectful to NCOs on numerous occasions, disobeyed a lawful order from an NCO and failed to be at her appointed place of duty, with a general, under honorable conditions discharge. She was advised of her rights. On 1 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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 general, under honorable conditions discharge. On 6 May 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a general, under honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 635-200, in effect at the time, 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. Characterization of service under honorable conditions may be awarded to a soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 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 and the issue submitted with the application, the analyst determined that the characterization of service is improper. The analyst noted the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a borderline personality disorder with a general, under honorable conditions discharge. However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III. In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined 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: 8 June 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (111219). 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 characterization of service is improper. The Board noted the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder with a general, under honorable conditions discharge. However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined the reason for discharge was fully supported by the record and therefore, remains both proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder ????? 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 AR20120000750 ______________________________________________________________________________ Page 3 of 3 pages