IN THE CASE OF: Ms. BOARD DATE: 24 April 2015 CASE NUMBER: AR20140008394 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review, and the Discussion and Recommendation which follows, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder, with a general, under honorable conditions discharge. 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. Accordingly, the Board voted to grant partial relief in the form of an upgrade of characterization of service to honorable. However, the Board determined the reason for discharge was both proper and equitable, and voted not to change it. 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 in her discharge from general, under honorable conditions to honorable or uncharacterized and a change to the narrative reason for separation. 2. The applicant states, in effect, her discharge was improper because she had served less than 180 days when her unit mobilized for overseas duty. She desires to receive VA benefits for college. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 May 2014 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 18 April 2003 d. Reason/Authority/SPD/RE: Personality Disorder, AR 635-200, Chapter 5 Paragraph 5-13, JFX, RE-3 e. Unit of assignment: C Co, Installation Support Battalion, Fort Dix, NJ f. Current Enlistment Date/Term: 21 January 2003/OAD, 365 days g. Current Enlistment Service: 2 months, 28 days h. Total Service: 1 year, 4 months, 10 days i. Time Lost: None j. Previous Discharges: USAR (011214-030120)/NA IADT (020314-dates NIF) (Concurrent Service) k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: 113 n. Education: College Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, AFRM-W/”M” DEV, ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the US Army Reserve on 14 December 2001, for a period of 8 years. She was 28 years old at the time of entry and a college graduate. She trained in and was awarded military occupational specialty (MOS) 92Y10, Unit Supply. Her record shows she earned an AFRM-W/”M” DEV; and she achieved the rank SPC/E-4. She was serving at Fort Dix, New Jersey, when her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the record contains a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. 2. The DD Form 214 indicates that on 18 April 2003, the applicant was discharged under the provisions of Chapter 5, paragraph 5-13, AR 635-200, for a personality disorder, with a characterization of service of general, under honorable conditions. Furthermore, the DD Form 214 shows a Separation Code of JFX (i.e., personality disorder), with a reentry eligibility (RE) code of 3. 3. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or any actions under the Uniform Code of Military Justice. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DD Form 214, dated 18 April 2003. 2. DD Form 215, dated 3 December 2004. 3. Initial active duty for training orders, dated 19 December 2001. 4. Enlistment/Reenlistment document dated 14 December 2001. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant stated she is returning to college to earn her master’s degree. 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, paragraph 5-13, personality disorder. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned a SPD Code of "JFX" will be assigned a RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge and a change to the narrative reason for separation was carefully considered. 2. After carefully reviewing all of the applicant’s available military records for the period of enlistment under review, the issues and document she submitted, it appears that the characterization of service is improper. 3. The available record confirms 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. Army Regulation 635-200, Chapter 5, paragraph 5-13, states 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. The applicant was not in entry level status and her service, per the governing regulation, should have been characterized as honorable. 4. In view of the foregoing, the characterization of service is improper, the analyst recommends the Board grant relief in the form of an upgrade of the characterization of service to honorable. 5. The applicant requested a change to the narrative reason for separation. However, the reason for discharge remains both proper and equitable. 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, paragraph 5-13, for a personality disorder. The regulation further stipulates that no deviation is authorized. 6. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 7. Therefore, the narrative reason for separation being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 April 2015 Location: Washington, DC Did the Applicant Testify: No Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: NA Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA 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) AR20140008394 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1