03 October 2009

Chapter 5-13 - Separation for Personality Disorder

1. WHAT IS THE BASIS FOR A CHAPTER 5-13? Soldiers who have a deeply-ingrained maladaptive pattern of behavior of long duration that interferes with their ability to perform duty. (Exceptions: compact exhaustion and other acute situational maladjustment.) Action will be taken to separate a member when it is clearly established that:

a. The diagnosis of personality disorder must have been established by a physician trained in psychiatry and psychiatric diagnosis.

b. The diagnosis of personality disorder must conclude that the disorder is so severe that the soldier's ability to function effectively in the military environment is significantly impaired.

2. WHAT MUST THE COMMAND DO BEFORE THEY CAN INITIATE A CHAPTER 5-13 FOR PERSONALITY DISORDER? The following must take place, unless waived under special circumstances.

a. The soldier must be formally counseled in writing at least once prior to initiation of the chapter action, and this counseling must include:

1. The reason for counseling.

2. The fact that separation action may be initiated if the behavior continues.

3. The type of discharge that could result from the possible separation action and the effect of each type.

b. The soldier must be given a reasonable amount of time to rehabilitate.

c. The soldier must be diagnosed as having a personality disorder by a qualified physician.

3. PROCEDURES. The unit commander forwards the packet to the intermediate commander, who can either disapprove the unit commander's discharge request and direct reassignment, or forward the packet recommending approval.

4. WHAT ARE YOUR RIGHTS?

a. You have the right to consult with consulting counsel within a reasonable time, or civilian counsel at your own expense.

b. You have a right to submit statements on your own behalf.

c. You have a right to obtain copies of documents which your commander will forward in support of his separation recommendation.

d. If you have six or more years in the active service you have a right to an Administrative separation Board.

e. You have a right to waive the above rights in writing. Failure to respond in seven days (not signing the form) means you give up all your rights.

5. TIMING OF SEPARATION: You will be separated as soon as possible. Note: Any misconduct committed after discharge is approved, but before separation (approximately 10 working days after approval by the separation authority), can still be prosecuted.

6. TYPE OF DISCHARGE:  The discharge will be characterized as honorable unless an entry-level separation is required (less that 180 days of service).  In the very unlikely event that you have been convicted of an offense by general court-martial or by more than one special court-martial in the current enlistment, period of obligated services, or any extension thereof, you can received a general, under honorable conditions discharge. 

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