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Otras designadas afecciones físicas y mentales (Other Designated Physical and Mental Conditions Discharge)

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AR 635-200 Active Duty Enlisted Administrative Separations (19 Dec 2016)

Fuente
AR 635-200 Active Duty Enlisted Administrative Separations (16 Dec 2016) (7.3 MB)

 

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 5-13. Separation because of personality disorder

Under the guidance in chapter 1, section II, a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, may be separated for personality disorder (not amounting to disability (see AR 635-40)) that interferes with assignment or with performance of duty, when so disposed as indicated in a, below.

a. This condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty. (Exceptions: combat exhaustion and other acute situational maladjustments.) The onset of personality disorder is frequently manifested in the early adult years and may reflect an inability to adapt to the military environment as opposed to an inability to perform the requirements of specific jobs or tasks or both. As such, observed behavior of specific deficiencies should be documented in appropriate counseling or personnel records and include history from sources such as supervisors, peers, and others, as necessary to establish that the behavior is persistent, interferes with assignment to or performance of duty, and has continued after the Soldier was counseled and afforded an opportunity to overcome the deficiencies. The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluations for the DOD components. It is described in the Diagnostic and Statistical Manual (DSM-IV) of Mental Disorders, 4th edition. In the case of Soldiers who have served or are currently serving in an imminent danger pay area and are within the first 24 months of active duty service, the diagnosis of personality disorder for separation under this paragraph, must be corroborated by the Medical Treatment Facility (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 (DASG-HSZ). Medical review of the personality disorder diagnosis will consider whether PTSD, traumatic brain injury (TBI), and/or other 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.

b. Commanders will not take action prescribed in this chapter in lieu of disciplinary action solely to spare a Soldier who may have committed serious acts of misconduct for which harsher penalties may be imposed under the UCMJ.

c. Separation because of personality disorder is authorized only if the diagnosis concludes that the disorder is so severe that the Soldier's ability to function effectively in the military environment is significantly impaired. Separation for personality disorder is not appropriate when separation is warranted under chapters 4, 5, 7, 9, 10, 11, 13, 14, 15, or 18 of this regulation; AR 380-67; or AR 635-40.

d. Nothing in this paragraph precludes separation of a Soldier who has such a condition for other reasons authorized by this regulation.

e. Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records (see para 1-16). The Soldier will also be counseled that the diagnosis of a personality disorder does not qualify as a disability.

f. When it has been determined that separation under this paragraph is appropriate, the unit commander will take the actions specified in the notification procedure (see chap 2, sec I).

g. Separation authority for Soldiers separated under this paragraph who are, or have been, deployed to an area designated as imminent danger pay area is the GCMCA. This authority may not be delegated. In all other cases, the separation authority is the SPCMCA.

h. 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 II. 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.

5-17. Other designated physical or mental conditions

a. Commanders specified in paragraph 1-19 may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability (AR 635-40) and excluding conditions appropriate for separation processing under paragraph 5-11 or 5-13 that potentially interfere with assignment to or performance of duty. Such conditions may include, but are not limited to-

(1) Chronic airsickness.

(2) Chronic seasickness.

(3) Enuresis.

(4) Sleepwalking.

(5) Dyslexia.

(6) Severe nightmares.

(7) Claustrophobia.

(8) Transsexualism/gender transformation in accordance with AR 40-501 paragraph 3-35.

(9) Other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. Soldiers with 24 months or more of active duty service may be separated under this paragraph based on a diagnosis of personality disorder.

For Soldiers who have been deployed to an area designated as an imminent danger pay area, the diagnosis of personality disorder must be corroborated by the Medical Treatment Facility (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 (DASG-HSZ). Medical review of the personality disorder diagnosis will consider whether PTSD, Traumatic Brain Injury (TBI), and/or other comorbid mental illness may be significant contributing factors to the diagnosis. If PTSD, TBI, and/or other comorbid mental illness are significant contributing factors to a mental health diagnosis, the Soldier will not be processed for separation under this paragraph, but will be evaluated under the physical disability system in accordance with AR 635-40.

Comentario: Las pesadillas (nightmares) intensas, así como las otras afecciones psicológicas, pueden ser señales del trastorno por estrés postraumático (TEPT) (Post-Traumatic Stress Disorder (PTSD)), que puede ser motivo para una separación (discharge) por discapacidad en lugar de una separación por otras designadas afecciones físicas y mentales (Other Designated Physical and Mental Conditions (ODPMC)). Es más probable para los militares que ya pasaron un período de servicio en una zona de guerra. Una separación por discapacidad la inicia un médico mientras que una separación por ODPMC la inicia el mando.

(a) The condition of the personality disorder is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform duty. (exceptions: combat exhaustion and other acute situational maladjustments.) The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials who is privileged to conduct mental health evaluation for the DOD components. It is described in the Diagnostic and Statistical Manual (DSM-IV) of Mental Disorders, 4th edition.


(b) In the case of Soldiers who are, or have been, deployed to an area designated as imminent danger pay area, the diagnosis of a mental condition not amounting to disability will be reviewed by the installation Military Treatment Facility (MTF) Chief of Behavioral Health, or the equivalent, and confirmed by the Director, Proponency of Behavioral Health, Office of The Surgeon General (DASG-HSZ).

b. When a commander determines that a Soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the Soldier for a medical examination and/or mental status evaluation in accordance with AR 40-501. Command-directed mental status evaluations will comply with paragraph 1-32e. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

c. Separation processing may not be initiated under this paragraph until the Soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. (See para 1-16.)

d. Nothing in this paragraph precludes separation of a Soldier having a condition as described in a, above, under any other provision of this regulation.

e. Prior to involuntary separation under this paragraph, the notification procedure in chapter 2, section I; or the administrative board procedure in chapter 2, section II, will be utilized.

f. For characterization or description of service, see paragraph 5-1.

Comentario: Según párrafo 5-1, la calificación de servicio la determina el historial del militar y no la afecta esta clase de separación.

g. Except for Soldiers being separated under paragraph 5-17a(9) for personality disorder who have deployed to an area designated as an imminent danger pay area, commanders specified in paragraph 1-19 are authorized to order separation under this paragraph. See paragraph 1-11 for additional instructions for ARNGUS and USAR Soldiers. The criteria in chapter 1, section VII, will govern whether the Soldier will be released from AD or ADT with transfer to the IRR, or discharged. The separation authority for Soldiers separated under paragraph 5-17a(9) for a personality disorder who have been deployed to an area designated as imminent danger pay area is the GCMCA.