Application Receipt Date: 2006/09/22 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See attached DD 293. 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: NIF Discharge Received: Date: 2003/12/12 Chapter: 5 Para 5-17 AR: 635-200 Reason: Physical Condition Not a Disability RE: SPD: JFV Unit/Location: E Btry 3rd Bn 43rd ADA 11th Bde Fort Bliss TX 79916 Time Lost: None Article 15s (Charges/Dates/Punishment): NIF Court-Martials (Charges/Dates/Punishment): N/A Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 83/09/15 Current ENL Date: 2002/06/10 Current ENL Term: 4 Years ????? Current ENL Service: 01 Yrs, 06Mos, 03Days ????? Total Service: 01 Yrs, 06Mos, 03Days ????? Previous Discharges: None Highest Grade: PV2 Performance Ratings Available: Yes No MOS: 63S10 Hvy Wheeled Veh Mech GT: 108 EDU: HS Grad Overseas: None Combat: None Listed (Applicant claims he deployed in support of Operation Iraqi Freedom which he further claims he received a ACM for) An ACM is listed on his DD 214; however, the analyst is unable to determine if the ACM is from his deployment to OIF. Decorations/Awards: ACM, NDSM, ASR. 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: The specific facts and circumstances leading to the applicant’s discharge from the Regular Army are not part of the available records. However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant’s signature. His DD Form 214 indicates that he was discharged under the provisions of Chapter 5-17, AR 635-200 by reason of physical condition, not a disability, with a general, under honorable conditions discharge. The evidence of record further shows that on 09 December 2003, Orders 343-0020, DA, HQ, US Army Air Defense Artillery Center, Fort Bliss, Texas, discharged the applicant from the Regular Army effective date: 12 December 2003. 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 his/her service that warrant such characterization.????? c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The applicant’s record is void of specific facts and circumstances which led to the applicant’s discharge from the Army. The applicant’s DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200 by reason of physical condition, not a disability, with service as general under honorable conditions. With this type of discharge, regulations require that a physical condition interfere with the soldiers’ ability to perform duty, and that the diagnosis be so severe that the soldier’s ability to function in the military environment is significantly impaired. Given the above requirement, the applicant would have been diagnosed by competent medical authority with a physical condition which severely impaired his ability to function and been recommended for administrative separation. In the absence of evidence to the contrary, the analyst was compelled to presume administrative regularity in the discharge process. A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. Without additional information, the analyst recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 07 November 2007 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: None 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 5 - Character Change ????? 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: Earl Silver, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA 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: 9 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013552 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 6 pages