Applicant Name:  ?????

Application Receipt Date: 2011/09/19	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he was unfairly discharged for failure to adapt but only had four months left until his ETS.  He requests an upgrade of his discharge to fully honorable.

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: 090511
Discharge Received: 			   Date: 090604   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: HHD, 83d Chemical Bn, Fort Polk, LA 

Time Lost: 29 days, AWOL (080812-080909), mode of return is unknown.

Article 15s (Charges/Dates/Punishment): 080924, received an Article 15 and was reduced to E-1 (NIF)

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 060425    Current ENL Term: 3 Years  24 weeks
Current ENL Service: 	03 Yrs, 00 Mos, 12 Days ?????
Total Service:  		03 Yrs, 00 Mos, 12 Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 63B10/Wheel Veh Mechanic   GT: 102   EDU: HS Grad   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM,  ASR

V.  Post-Discharge Activity
City, State:  Bowman, GA
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 11 May 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 being diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct, with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 11 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 20 May 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 and the issue he submitted, the analyst determined that the characterization of service was 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 which warrants such a characterization, using the notification procedure.  Although the applicant received an Article 15 and was AWOL for 29 days, the unit commander did not properly annotate the notification memorandum to properly inform the applicant as to the specific factors which would warrant a general, under honorable conditions characterization of service.  Thus, the notification was not properly executed.
       
       In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable.  However, the analyst determined the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 9 March 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: None















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 applicant was not properly notified as to the specific reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200.  In view of the foregoing, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????












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 AR20110018888
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