Applicant Name: ????? Application Receipt Date: 2011/11/10 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, “I was a good Soldier and worked hard. I did receive an Article 15 at the end of my military experience due to medication imbalance and I did agree to receive the punishment because I did what I was accused of. But, it was due to a medication imbalance and I would like to have my discharge upgraded so that I can go back to school and become a better person in the process.” II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 110505 Discharge Received: Date: 110526 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: Regimental Support Squadron, 3d Armored Cavalry Regiment (Rear)(Provisional), Fort Hood, Texas Time Lost: None Article 15s (Charges/Dates/Punishment): 110429, without authority, failed to go at the time prescribed to her appointed place of duty, to wit: 0630 accountability formation located on the side of building 9425 (110321); without authority, failed to go at the time prescribed to her appointed place of duty, to wit: 0630 accountability formation located on the side of building 9425 (110303); willfully disobeyed a lawful order from SGT EW, to not operate a privately owned vehicle since her driver’s license was suspended (110303) and (110221); disrespectful in deportment toward SGT EW, by raising her voice and speaking to him in a very disrespectful manner (110303); with intent to deceive made a false official statement to SGT EW, to wit: “I did not drive anyone’s vehicle anywhere” (110221); disrespectful in language toward SGT EW, by saying to him “I did not drive anyone’s fucking vehicle” (110202); reduction to E-2; forfeiture of $383 pay for one month, suspended for one month, extra duty and restriction for 14 days; (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: 091005 Current ENL Term: 3 Years 23 Weeks Current ENL Service: 1 Yrs, 7 Mos, 22 Days ????? Total Service: 1 Yrs, 7 Mos, 22 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 91B10, Wheeled Vehicle Mechanic GT: 125 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: AAM, NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: On 5 May 2011, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition for being diagnosed by competent medical authority with psychiatric factors which were incompatible with military service and recommended the applicant’s discharge with a general, under honorable conditions discharge. She was advised of her rights. On 6 May 2011, the applicant declined the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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 a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a general, under honorable conditions discharge. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review the issue and documents she submitted, the analyst determined that the characterization of service was improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in the service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. However, the analyst determined the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 9 May 2012 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293, documents from the discharge packet and a DD Form 214. VIII. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the applicant was not properly notified as to the reasons why she would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. In view of the foregoing, the Board determined that the characterization of service is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20110022237 ______________________________________________________________________________ Page 2 of 3 pages