AR20140001407

IN THE CASE OF: Mr.

BOARD DATE: 7 May 2014

CASE NUMBER: AR20140001407
___________________________________________________________________________

Board Determination and Directed Action

1. After carefully examining the applicants record of service during the period of enlistment under review, and considering the examiners Discussion and Recommendation which follows, the Board determined the narrative reason for discharge was improper.

2. The evidence indicates the applicant served in an imminent danger pay area and was within the first 24 months of active duty service, his diagnosis of a personality disorder was not corroborated by the MTF Chief of Behavioral Health (or an equivalent official). Further, the diagnosis rendered was not forwarded for final review and confirmation by the Director, Proponency of Behavioral Health, Office of the Surgeon General. Denial of diagnosis to be reviewed and corroborated by the MTF Chief of Behavioral Health (or an equivalent official) and the Director, Proponency of Behavioral Health, Office of the Surgeon General, constitutes a prejudicial error to the rights of the applicant. Therefore, the narrative reason for discharge is improper.

3. Accordingly, the Board voted to grant full relief in the form of a change to the narrative reason for separation to Secretarial Authority and a change to the separation authority to read AR 635-200, paragraph 5-3.

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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests a change in the narrative reason for discharge.

2. The applicant states, in effect, the narrative reason for his discharge and his Separation Program Designator (SPD) Code is incorrect and an injustice because he was discharged with a personality disorder less than two months after returning from a deployment to Iraq. He contends there was no consideration given to the fact he may have been suffering from Post Traumatic Stress Disorder (PTSD) which could have been a contributing factor to his behavior. He states he did not have a history of mental illness prior to his enlistment in the military and upon return from deployment had trouble maintaining personal composure and could not function in basic relationships with his family, friends, or co-workers. He states he was prescribed medication normally associated with the treatment of PTSD symptoms. He contends while under the influence of these medications, he was asked to make important decisions, such as waiving his right to seek legal counsel, which had a serious impact on his military career and further treatment at his local Department of Veterans Affairs (VA) hospital.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 6 December 2013
b. Discharge Received: Honorable
c. Date of Discharge: 28 October 2003
d. Reason/Authority/SPD/RE Code: Personality Disorder, AR 635-200, Paragraph
5-13, JFX, RE-3
e. Unit of assignment: B Company, 3-15th Infantry Regiment, Fort
Stewart, GA
f. Current Enlistment Date/Term: 10 October 2002/6 years
g. Current Enlistment Service: 1 year, 19 days
h. Total Service: 1 year, 3 months, 7 days
i. Time Lost: None
j. Previous Discharges: DEP, 020712-021009, NA
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 11B10, Infantryman
m. GT Score: 116
n. Education: HS Graduate
o. Overseas Service: SWA
p. Combat Service: Iraq, (030330-030810)
q. Decorations/Awards: NDSM, ASR, AGCM, CIB,PUC
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 October 2002 for a period of 6 years. He was 19 years old at the time of entry and a high school graduate. He served in Iraq and earned the Combat Infantryman Badge. He completed 1 year, 3 months, and 7 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Stewart, Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1. On an unknown date, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200 Chapter 5-13, specifically for being diagnosed with a personality disorder.

2. Based on the above, the unit commander recommended an honorable discharge.

3. On 13 October 2003, the applicant acknowledged receipt of the notification of separation action, waived his right to consult with legal counsel, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge.

4. On 16 October 2003, the separation waived further rehabilitation efforts and directed the applicants discharge with a characterization of service of honorable.

5. The applicant was separated on 28 October 2003, under Army Regulation 635-200, Chapter 5-13, with an honorable discharge, an SPD code of JFX, and an RE code of 3.

6. The applicants record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A memorandum from CPT(P) M, dated 29 September 2003, reflects the applicant was command referred to Division Mental Health Activity (DMHA) on 25 September 2003. The applicant reported having difficulty adapting to military lifestyle and wanting a discharge from the service. He was diagnosed with a personality disorder, not otherwise specified. CPT(P) M found the applicant was mentally able to appreciate any wrongfulness in his conduct. He stated the condition and problems presented by the applicant were not amendable to future hospitalization, treatment, disciplinary action, training, or reclassification to other duties within the military. He recommended expeditious separation under the provisions of AR 635-200, Chapter 5-13.

2. DA Form 3822-R (Report of Mental Status Evaluation), dated 25 September 2003, reflects a diagnosis of personality disorder, not otherwise specified.

3. Two negative counseling statements, dated 26 September 2003, reflect the applicant was counseled on the intent to separate him from the military under the provisions of AR 635-200, Chapter 5-13 and for being absent without leave (AWOL) and failing to obey an order or regulation.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 28 November 2011 and all listed enclosures, a DD Form 214, and a copy of his separation packet.

POST-SERVICE ACTIVITY:

The applicant did not provide any in support of his 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 Soldiers 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.

ANALYSTS DISCUSSION AND RECOMMENDATION:

1. The applicants request for a change to the narrative reason for discharge was carefully considered.

2. After carefully reviewing all of the applicants military records for the period of enlistment under review and the issue and documents he submitted, it appears that the narrative reason is improper.

3. Essentially, the applicant contends upon return from deployment, he had trouble maintaining his personal composure, basic relationships with his friends, family, and co-workers. He visited a doctor for counseling and was prescribed medication typically associated with treating PTSD. The service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.

4. However, the record confirms the applicant was discharged under the provisions of Chapter 5-13, AR 635-200, by reason of a personality disorder with an honorable discharge. Army Regulation 635-200, Chapter 5, paragraph 5-13, states that in the case of Soldiers who have served or are currently serving in an imminent danger pay area and are within 24 months of active duty service, the diagnosis of personality disorder for separation under this paragraph, must be corroborated by the MTF Chief of Behavioral Health (or an equivalent official). The corroborated diagnosis will be forwarded for final review and confirmation by the Director, Proponency of Behavioral Health, Office of the Surgeon General. Medical review of the personality disorder will consider whether PTSD, traumatic brain injury (TBI), and/or comorbid mental illness may be significant contributing factors to the diagnosis. A Soldier will not be processed for administrative separation under this paragraph if PTSD, TBI, and/or other comorbid mental illness are significant factors to a diagnosis of personality disorder, but will be evaluated under the physical disability system in accordance with AR 635-40. There is no evidence in the available record that this corroboration occurred.

5. In view of the foregoing, the narrative reason for discharge being improper, recommend the Board change the narrative reason to Secretarial Authority.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 7 May 2014 Location: Washington, DC

Did the Applicant Testify, No

Counsel: None

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: Secretarial Authority
Change Authority for Separation: AR 635-200, Chapter 5-3
Change RE Code to: 1
Grade Restoration to: NA
Other: Separation Program Designator (SPD) code to JFF

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) AR20140001407

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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