Applicant Name: Application Receipt Date: 2009/06/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 070613 Discharge Received: Date: 070713 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: Forward Maintenance Company, 25th, Bde Spt Bn, Fort Wainwright, AK Time Lost: None Article 15s (Charges/Dates/Punishment): 070416, dereliction of duty by not shaving (070313); restriction for 14 days (suspended), extra duty for 14 days (Summarized). The applicant was reduced from E-4 to E-3 on 6 September 2006; however, the Article 15 that reduced him is not part of the available record. Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 20 Current ENL Date: 050719 Current ENL Term: 06 Years ????? Current ENL Service: 01 Yrs, 11Mos, 25Days ????? Total Service: 04 Yrs, 11Mos, 06Days ????? Previous Discharges: USAR-020808-030717/NA RA-030718-050718/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 62B10 Construction Equipment Repairer GT: 103 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (050111-060112) Decorations/Awards: ARCOM, AGCM, NDSM, ICM, GWOTSM, ASR, V. Post-Discharge Activity City, State: Lansing, MI Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 26 April 2007, the applicant was evaluated by competent medical authority and diagnosed with a factitious disorder, wih combined psychological and physical signs and symptoms, and recommended that the applicant be processed for immediate administrative separation in accordance with (IAW) Chapter 5-17, AR 635-200. On 7 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, other designated physical or mental conditions, by reason of diagnosis with an Axis I, factitious disorder, with combined psychological and physical signs and symptoms; Axis IV, moderate; and Axis V, global assessment functioning (Current 45), serious impairment in social and occupational functioning. In the medical authority's professional opinion the applicant's pattern of behavior was likely to continue, and his behavior was not congruent with satisfactory military service, with a general, under honorable conditions discharge. 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. On 14 June 2007, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 21 June 2007, 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 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 record that warrant such characterization. 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 determined that the characterization of service is 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 his service record that warrants such a characterization, using the notification procedure. In view of the foregoing, the analyst recommends to the Board to grant 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: 30 April 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: The applicant submitted the following documemnts: DD Form 214, dated (070713); Statement from the Ingram's County Sherrif's Office, dated (090306); Statement from the Lansing Police Department, dated (090306), Michigan State Police Criminal History Search. 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 characterization of service is 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 his service record that warrants such a characterization, using the notification procedure. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None 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 AR20090011163 ______________________________________________________________________________ Page 1 of 3 pages