IN THE CASE OF: Ms. BOARD DATE: 6 February 2015 CASE NUMBER: AR20140003755 ___________________________________________________________________________ Board Determination and Directed Action 1. After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the narrative reason for the discharge is now inequitable. 2. Army Regulation (AR) 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service as of the date the discharge proceedings are initiated. The Board noted the applicant had over 24 months of active duty service at the time of notification. Further, paragraph 5-17, AR 635-200 (current), now stipulates that Soldiers with 24 months or more of active duty service may be separated under this paragraph (5-17), based on a diagnosis of personality disorder. 3. Therefore, the Board determined the narrative reason for the applicant’s separation is now inequitable based on the current standard and directed the issue of a new DD Form 214 changing the separation authority to read AR 635-200, paragraph 5-17, and the narrative reason for separation to read “Condition, Not a Disability”, with a corresponding SPD code of JFV. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests a change to the narrative reason for discharge. 2. The applicant states, in effect, she was raped while serving in the Army and developed Post Traumatic Stress Disorder (PTSD) as a result. She has been awarded a 50 percent disability rating by the Veterans Administration. She contends she does not have a personality disorder. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 February 2014 b. Discharge Received: Honorable c. Date of Discharge: 7 November 2003 d. Reason/Authority/SPD/RE Code: Personality Disorder, AR 635-200, Chapter 5-13, JFX, RE-3 e. Unit of assignment: 977th Military Police Company, Fort Riley, KS f. Current Enlistment Date/Term: 10 July 2002/2 years g. Current Enlistment Service: 1 year, 3 months, 28 days h. Total Service: 2 years, 2 months, 28 days i. Time Lost: None j. Previous Discharges: RA, 010710-020709, HD k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 31B10, Military Policeman m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, ASR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 10 July 2001, for a period of 2 years. She was 18 years old at the time of entry and a high school graduate. Her record is void of any significant acts of valor and achievement. She completed 2 years, 2 months, 28 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Riley, KS. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 20 May 2003, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct and with a personality disorder not otherwise specified, with borderline features. 2. On 25 August 2003, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of personality disorder, for the reasons stated above. 3. The unit commander recommended an honorable discharge and advised the applicant of her rights. 4. On 16 September 2003, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. However, she did note on her election form that all waivers were contingent upon her receiving an honorable discharge. The unit commander subsequently recommended separation from the service. The intermediate commander recommended approval with an honorable discharge. 5. On 8 October 2003, the separation authority directed the applicant’s discharge with a characterization of service of honorable. 6. The applicant was discharged from the Army on 5 December 2001, with an honorable characterization of service. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two negative counseling statements, dated 12 June 2003 and 19 August 2003, for failure to follow an order, being late to formation, and initiation of separation under Chapter 5-13, AR 635-200. 2. DA Form 3822-R (Report of Mental Status Evaluation), dated 20 May 2003, reflects the applicant had a clear and normal thought process, was mentally responsible, and was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct, as well as, a personality disorder not otherwise specified with borderline features. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 14 February 2014, a DD Form 214, and a letter from the Department of Veterans Affairs, dated 11 February 2014. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered 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 military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier’s ability to function in the military environment is significantly impaired. 2. Army policy requires the award of a fully honorable discharge in such case. 3. 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. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-13, by reason of a personality disorder. DISCUSSION AND RECOMMENDATION: 1. After a careful review of the applicant’s request for an upgrade of her discharge, her military records for the period of enlistment under review, and the issue and documents she submitted, there are sufficient mitigating factors which would merit a change to the applicant’s narrative reason for the discharge. 2. The record confirms that the applicant was discharged for being diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct and with a personality disorder not otherwise specified, with borderline features, with an honorable characterization of service. 3. The current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for this reason (Personality Disorder), to those who have less than 24 months of active duty service, as of the date the separation proceedings are initiated. The record shows that the applicant had over 24 months of active duty service at the time of notification (2 years, 1 month, and 15 days) and did not have any incidents of misconduct. Further, paragraph 5-17, AR 635-200 (17 December 2009), now stipulates that Soldiers with 24 months or more of active duty service may be separated under paragraph 5-17 based on a diagnosis of personality disorder. 4. In view of the foregoing, it appears that the narrative reason for the applicant’s separation is now inequitable based on the current standard as regulations currently in effect list the reason for the applicant’s discharge as “condition, not a disability.” 5. Accordingly, it is recommended the Board change the separation authority to “AR 635-200, paragraph 5-17,” the narrative reason for separation to "Condition, Not a Disability,” with a corresponding separation code of "JFV." SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 6 February 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: NA Change Reason to: Condition, Not A Disability Change Authority for Separation: AR 635-200, Chapter 5-17 Change RE Code to: NA Grade Restoration to: NA Other: Separation Program Designator (SPD) code JFV. 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 UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140003755 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1