Applicant Name:  ?????

Application Receipt Date: 2010/12/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that his discharge should be uncharacterized instead of dishonorable.  

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: 080923
Discharge Received: 			Dishonorable   Date: 081007   Chapter: 5-17      AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: D Co, 1-50th IN Regt, Fort Benning, GA 

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:  18
Current ENL Date: 080530    Current ENL Term: 03 Years  19 Weeks
Current ENL Service: 	00  Yrs, 04 Mos, 08 Days ?????
Total Service:  		00  Yrs, 04 Mos, 08 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 98   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Hastings, NE 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 21 August 2008, the applicant was diagnosed by competent medical authority with an adjustment disorder mixed anxiety and depressed mood and recommended administrative separation in accordance with (IAW) Chapter 5-17, AR 635-200.  On 23 September 2008, 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 other designated physical or mental condition for being diagnosed with a mental condition (adjustment disorder mixed anxiety and depressed mood) that interferes with his ability to function in the military, with an  uncharacterized separation of service.  He was advised of his rights.  
       
       On 23 September 2008, the applicant waived 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge. 
       On 28 September 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

       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 submitted with the application, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as dishonorable.  In view of the error, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "uncharacterized," as approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the reason for discharge was both proper and equitable and voted not to change it.
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 3 August 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel:  [ redacted ]

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, dated (101203), with a continuation of issues statement; Letter, [ redacted ] County Veterans Service Office, dated (101203); Partial Chapter 5-17 Discharge Packet, four (4) pages; and a DD Form 214, dated (081007).  

VIII.  Board Discussion, Determination, and Recommendation
After a careful review of all the applicant’s military records during the period of enlistment under review, the issue and documents submitted with the application, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as dishonorable.  In view of the error, the Board voted to administratively change block 24, character of service to "uncharacterized," as approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, 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 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: Change block 24, character of service to  Uncharacterized, under provisions of AR 635-200.		
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 AR20100029184
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