Application Receipt Date: 060504 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: The applicant stated, "The discharge was improper because it was for a medical condition which has been rated a service connected disabilty by the Veterans Administration." The applicant submitted a three-page Department of Veterans Affairs decisional document related to a disability claim. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 040226 Discharge Received: Date: 040308 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not a Disability RE: SPD: JFV Unit/Location: Retraining and Holding Unit, Training Support Battalion Garrison Command , U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri 65473 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 731206 Current ENL Date: 030806 Current ENL Term: 4 Years ????? Current ENL Service: 0 Yrs, 7 Mos, 3Days ????? Total Service: 0 Yrs, 7 Mos, 3 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 125 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 25 February 2004, the applicant was counseled in reference to a medical status evaluation, conducted by competant medical authority, revealing a medical disorder, currently manifesting as (left knee pain). On 26 February 2004, the unit commander notified the applicant of initiation of separation proceedings under the provisions of Chapter 5-17, AR 635-200, by reason of other designated physical or mental conditions (other medical conditions, for emotional, control, behavioral and/or physical problems incompatible with military service), with a general, under honorable conditions discharge. She was advised of her rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf. The unit commander recommended separation from the service, and waiver of further rehabilitative efforts. On 27 February 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that 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 policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17. 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 independent documents she submitted, the analyst recommends that relief be granted in this case in the form of an upgrade of the applicant's character of service to fully Honorable. The evidence of record shows that the applicant was evaluated by competent medical authority , revealing a medical disorder, currently manifesting as (left knee pain). The analyst noted that the unit commander initiated separation action under provisions of Chapter 5-17, AR 635-200, by reason of other designated physical or mental conditions, with a general, under honorable conditions discharge. Army Regulation 635-200 states that a characterization of general, under honorable conditions is normally inappropriate for individuals separated under the provisions of this chapter. In view of the foregoing, the analyst determined that the characterization of service was too harsh and as a result, it is inequitable. However, the analys found that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 28 February 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 characterization of service was too harsh and as a result it is inequitable. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 7 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006376 Applicant Name: Ms. ______________________________________________________________________ Page 5 of 6 pages