IN THE CASE OF: BOARD DATE: 15 July 2015 CASE NUMBER: AR20140010230 ___________________________________________________________________________ Board Determination and Directed Action 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 discharge was both proper and equitable and voted to deny relief. 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 separation. 2. The applicant states, in effect, the narrative reason for separation is inaccurate and inappropriate. The applicant states, the diagnosis were unjust, inequitable, and improper because it was based on a single visit to a physician who was not his doctor; therefore, the physician had little knowledge of the applicant’s personal history. The applicant contends, he met the criteria to be separated under Chapter 11 (Unsatisfactory Performance) or for Misconduct. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 June 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 6 October 2006 d. Reason/Authority/SPD/RE Code: Personality Disorder, AR 635-200, Chapter 5-13, JFX, RE-3 e. Unit of assignment: C Company, 3-10 Infantry Battalion, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 30 June 2006/3 years, 19 weeks g. Current Enlistment Service: 3 months, 7 days h. Total Service: 3 months, 7 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 92 n. Education: GED o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 30 June 2006, for a period of 3 years and 19 weeks. He was 18 years old at the time of entry and had a GED certificate. He completed 3 months and 7 days of active duty service. When his discharge proceedings were initiated, he was stationed at Fort Leonard Wood, Missouri. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 24 August 2006, the applicant was diagnosed by competent medical authority (i.e., qualified psychiatrist) with an antisocial personality disorder. 2. On 29 September 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5-13, by reason of a personality disorder. He was diagnosed with having an antisocial personality disorder. 3. The unit commander recommended an uncharacterized discharge and advised the applicant of his rights. 4. On 29 September 2006, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, and did not indicate whether or not he would submit a statement 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 an uncharacterized discharge. 5. On 4 October 2006, the separation authority directed the applicant’s discharge from the service with issuance of an uncharacterized discharge. 6. The applicant was discharged from the Army on 6 October 2006, with an uncharacterized separation 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. Several negative counseling statements, dated between 10 August 2006 and 25 August 2006, for fighting in the barracks with another Soldier, recycled back to day 1 of week 1 for being a values failure, and initiation of separation proceedings. 2. USA MEDDAC Form 856 (Report of Mental Status Evaluation), dated 24 August 2006, reflects that the applicant had a clear and normal thought process and was mentally responsible. In the remarks section, the clinical psychiatrist recommended that the applicant be discharged under Chapter 5-13 Personality Disorder for Antisocial Personality Disorder. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 5 June 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None provided with the 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for separation was carefully considered. After examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for discharge. 2. The applicant contends the diagnosis he was given was unjust, inequitable, and improper because it was based on a single visit to a physician who was not his doctor; therefore, the physician had little knowledge of the applicant’s personal history. The applicant further contends, he met the criteria to be separated under Chapter 11 (Unsatisfactory Performance) or for Misconduct. 3. The evidence of record shows the applicant was discharged under the provisions of AR 635-200, Chapter 5-13, by reason of a personality disorder, with an uncharacterized separation of service. 4. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 5. The record confirms the applicant was discharged for the sole reason of being diagnosed with a personality disorder for antisocial personality disorder. The service record does not contain any other derogatory information. However, on 13 September 2006, the applicant signed a memorandum for the commander with the subject matter; initial counseling IAW AR 635-200, paragraph 5-13, indicating he was counseled concerning the deficiencies under AR 635-200, paragraph 5-13, and understood he would be given an opportunity to overcome the deficiencies which was an antisocial personality disorder. The applicant stated he would not overcome his deficiencies and waived the opportunity to do so. 6. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned the correct narrative reason for separation with an RE code of 3. There is no basis upon which to grant a change to the narrative reason for a personality disorder. The regulation further stipulates that no deviation is authorized. 7. It appears that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. 8. Therefore, the reason for discharge being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 15 July 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA Reason Change: 1 No Change: 4 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: NA Change Reason to: No Change 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) AR20140010230 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1