Applicant Name: Application Receipt Date: 2012/09/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that the reason for his honorable discharge, which is a personality disorder, needs to be corrected. He believes the reason for his honorable discharge to be an unjust error/injustice and was due in desperation of getting out of the Army with an early separation chapter back then. He further states that the military is using bogus personality disorder diagnoses to kick out service members without the benefits to which they are entitled. He requests a second chance in the interest of justice. He wants to rejoin the Army because of the passion and dedication he feels about serving in military uniform, and to prove that he has the determination of becoming a good Soldier again. The US Army should accept him because he has good quality characteristics such as being mature, goal-oriented, compassionate, honest, trustworthy, reliable, respectful, and patient. He also has a Master's Degree in Human Behavior that would benefit the Army. 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: NIF Discharge Received: Date: 000405 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: JFX Unit/Location: Det A, 509th AG Bn, Camp Casey, Korea 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: 980922 Current ENL Term: 3 Years ????? Current ENL Service: 01 Yrs, 06 Mos, 14 Days ????? Total Service: 01 Yrs, 06 Mos, 14 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 71L10/Admin Spc GT: NIF EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: ASR V. Post-Discharge Activity City, State: Post Service Accomplishments: Applicant states he has a master's degree. 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 he was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, for personality disorder, with an honorable characterization of service. Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3. On 5 April 2000, the applicant was discharged from the Army. b. Legal Basis for Separation: Army Regulation 635-200, in effect 17 December 2009, 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 during the period of enlistment under review and the issue he submitted, 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 that although not all the facts are contained in his record. He would have been diagnosed by competent medical authority with a personality disorder prior to being honorably discharged from the Army. The analyst noted the applicant's issue about a change in the reason for his discharge; 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, in effect at the time. 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 was no provision for any other reason to be entered under this regulation. The applicant contends that he used this reason (personality disorder) because he wanted to desperately get out of the Army but has realized that he wants more than anything else a second chance to be a Soldier. He has earned a master’s degree and feels he can contribute to improving his life and that of other Soldiers. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was improperly diagnosed. The applicant’s statements alone do not overcome the government’s presumption of regularity. The analyst also noted the applicant's issue about his desire to rejoin the Service. However, Soldiers being processed for separation are assigned reentry (RE) codes based on their service records or the reason for discharge. The applicant was appropriately assigned an RE code of 3. The analyst found no bases upon which to recommend a change to the applicant’s reentry code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. 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. The analyst acknowledges the applicant's successful transition to civilian life and noted that he has a master’s degree. However, in review of the applicant’s entire service record, the analyst found that this accomplishment did not overcome the reason for discharge. Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Therefore, based on the available evidence, the analyst presumes government regularity in the discharge process and concludes that it appears the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 June 2013 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: Yes Witnesses/Observers: NA Exhibits Submitted: Online application and four character reference letters. 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 Board Vote: Character - Change NA No change NA 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: ????? XI. Certification Signature Approval Authority: EVELYN M. TORRES Colonel, U.S. Army President, Army Discharge Review Board JOSEPH M. BYERS Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTH - Under Other Than Honorable Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20120016828 ______________________________________________________________________________ Page 1 of 4 pages