Applicant Name: ????? Application Receipt Date: 2010/08/05 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states: "Veteran feels his discharge has created a distinct disadvantage to gainful employment and has been informed that a general discharge has barred him from using Veteran's education benefits, of which, he invested the required $100.00 a month for 12 months and served 36 months honorably to retain. Veteran feels circumstances surrounding his prior service discharge was due to a chronic adjustment disorder developed and aggravated while on active duty." 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: 091119 Discharge Received: Date: 091207 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: B Co, 526th BSB, 2d BCT, 101st Abn Div, Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 32 Current ENL Date: 090225 Current ENL Term: 03 Years 20 Weeks Current ENL Service: 00 Yrs, 09 Mos, 13 Days ????? Total Service: 06 Yrs, 05 Mos, 10 Days ????? Previous Discharges: USAR-951226-960102/NA RA-960103-960419/UNC USAR-960420-960616/NA RA-960617-010822/GD (Break in Service) Highest Grade: E2 Performance Ratings Available: Yes No MOS: 91J10/Quartermaster and Chemical Equipment Repairer GT: 124 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ASR, OSR, NATOMDL V. Post-Discharge Activity City, State: Colorado Springs, CO Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 19 November 2009, 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 physical condition, not a disability for having been diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct and for disrespecting a noncommissioned officer by calling him a "fucking punk," or words to that effect, 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, voluntarily waived consideration of his case by an administrative separation board, and did not submit a statement in his 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. On 1 December 2009, the separation authority directed the applicant’s discharge 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 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 issues, and documents submitted with the application, the analyst recommends that relief be denied in this case. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with mixed disturbance and emotions and conduct. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in his service record that would warrant a general, under honorable conditions discharge. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that his discharge has created a distinct disadvantage to gainful employment, barred him from using Veteran's education benefits, and that the circumstances surrounding his prior service discharge was due to a chronic adjustment disorder developed and aggravated while on active duty. The analyst acknowledges that the applicant was discharged for an adjustment disorder with mixed disturbance of emotions and conduct, however, the characterization of the discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Furthermore, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 4 May 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 149, DD Form 293, Letter from applicant to Congressman [redacted], DD Form 214 for two prior periods of service, Discharge and Aftercare Plan Memo, [redacted] Behavioral Health document, Psychiatric Evaluation from The [redacted] Hospital (3 pages), IntegratedSubsttance Abuse Assessment, Medical Documents taken from the applicant Active Duty Medical Records (84 pages), Defense Finance and Accounting Service Military Leave and Earnings Statement, Discharge Orders, dated 3 December 2009, and DD Form 214 for the period of service under review. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20100020756 ______________________________________________________________________________ Page 3 of 3 pages