Application Receipt Date: 060822 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: 060721 Discharge Received: Date: 060812 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: A Company, 1st Battalion, 26th Infantry Regiment, 1st ID, APO AE 09033 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: 840719 Current ENL Date: 050713 Current ENL Term: 3 Years 16 weeks Current ENL Service: 01 Yrs, 01 Mos, 00 Days ????? Total Service: 01 Yrs, 01 Mos, 00Days ????? Previous Discharges: None Highest Grade: E2 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 112 EDU: HS Grad Overseas: Germany Combat: None Decorations/Awards: NDSM, GWOTSM, ASR, OSR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that 24 March 2006, the applicant was evaluated and diagnosed by competent medical authority with an adjustment disorder with depressed mood. On 21 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Section III, Paragraph 5-17, AR 635-200, due to other designated physical or mental conditions (diagnosed by competent medical authority with an adjustment disorder and depressed mood, and he failed to join his unit in the field twice by making false suicidal gestures and threats), with a general, under honorable conditions characterization of service. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 3 July 2006, the separation authority waived further rehabilitative requirements and directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant has an AR 15-6 Investigation dated 30 June 2006 in his Official Military Personnel File. 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 during the period of enlistment under review, the issues and documents he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge. Army Regulation 635-200, Chapter 5 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 his/her service record that warrants such a characterization, using the notification procedure. In view of the aforementioned, the analyst determined that the characterization of service was improper, and recommends to grant partial relief in the form of an upgrade of the characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 29 August 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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 0 No change 5 - Character Change 0 No change 5 - 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 discharge was both proper and equitable, and voted to deny relief. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 20 September 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060012034 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages