Applicant Name:  ?????

Application Receipt Date: 2011/11/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, “I was a good Soldier and worked hard.  I did receive an Article 15 at the end of my military experience due to medication imbalance and I did agree to receive the punishment because I did what I was accused of.  But, it was due to a medication imbalance and I would like to have my discharge upgraded so that I can go back to school and become a better person in the process.”

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: 110505
Discharge Received: 			   Date: 110526   Chapter: 5-17     AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: Regimental Support Squadron, 3d Armored Cavalry Regiment (Rear)(Provisional), Fort Hood, Texas  

Time Lost: None

Article 15s (Charges/Dates/Punishment): 110429, without authority, failed to go at the time prescribed to her appointed place of duty, to wit: 0630 accountability formation located on the side of building 9425 (110321); without authority, failed to go at the time prescribed to her appointed place of duty, to wit: 0630 accountability formation located on the side of building 9425 (110303); willfully disobeyed a lawful order from SGT EW, to not operate a privately owned vehicle since her driver’s license was suspended (110303) and (110221); disrespectful in deportment toward SGT EW, by raising her voice and speaking to him in  a very disrespectful manner (110303); with intent to deceive made a false official statement to SGT EW, to wit: “I did not drive anyone’s vehicle anywhere” (110221); disrespectful in language toward SGT EW, by saying to him “I did not drive anyone’s fucking vehicle” (110202); reduction to E-2; forfeiture of $383 pay for one month, suspended for one month, extra duty and restriction for 14 days; (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 091005    Current ENL Term: 3  Years  23 Weeks
Current ENL Service: 	1  Yrs, 7 Mos, 22 Days ?????
Total Service:  		1  Yrs, 7 Mos, 22 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 91B10, Wheeled Vehicle Mechanic   GT: 125   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: AAM, NDSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 5 May 2011, 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  by competent medical authority with psychiatric factors which were incompatible with military service and recommended the applicant’s discharge with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 6 May 2011, the applicant declined the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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.  
       
       The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a general, under honorable conditions discharge.

       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 issue and documents she 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 the service record which warrants such a characterization, using the notification procedure.  The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. 
       
       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 May 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293, documents from the discharge packet and a DD Form 214.



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 reasons why she 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 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: No Change
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 AR20110022237
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