Applicant Name:  ?????

Application Receipt Date: 2011/12/01	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant contends he enlisted in the Army at the age of 17.  He further contends going AWOL to avoid hurting himself and others.  

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: 090724
Discharge Received: 			   Date: 090814   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability 	   RE:     SPD: JFV   Unit/Location: D Co, 447th Signal Bn, Fort Gordon, GA  

Time Lost: AWOL x 2 for a total of 6 days; (090519-090521) for 3 days, mode of return unknown; (090621-090623) for 3 days, mode of return unknown.

Article 15s (Charges/Dates/Punishment): 090626, without authority, absented himself from his unit (AWOL) (090519-090521); reduction to E-1, forfeiture of $326 pay x 1 month (suspended), extra duty for 14 days 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:  17
Current ENL Date: 090113    Current ENL Term: 03 Years  32 Weeks
Current ENL Service: 	00  Yrs, 06  Mos, 26  Days ?????
Total Service:  		00  Yrs, 06  Mos, 26  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: 110   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM

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

VI.  Facts, Circumstances, and Legal Basis for Separation
       a.  Facts and Circumstances:
       The evidence of record shows that on 18 May 2009, the applicant was diagnosed by competent medical authority with an adjustment disorder, this disorder of emotional control and behavior was sufficiently severe that the applicant's ability to effectively perform military duties was significantly impaired, his condition did not amount to disability and recommended that the applicant be expeditiously separated in accordance with (IAW) Chapter 5, paragraph        5-17, AR 635-200.
       
       
       
       On 24 July 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 other designated physical or mental condition for being diagnosed with an adjustment disorder, with a general, under honorable conditions discharge for misconduct (AWOL x 2).  He was advised of his rights. 
       
       On 24 July 2009, 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 Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 3 August 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 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 and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The analyst noted that the applicant was diagnosed by competent medical authority with an adjustment disorder that interfered with his ability to perform military service and recommended separation from the Army.  The unit commander appropriately initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-17,     AR 635-200, by reason of other designated physical or mental conditions, with a characterization of service of general, under honorable conditions.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.
       
       The applicant contends he enlisted in the Army at the age of 17.  The applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
        
       The applicant further contends he went AWOL to avoid hurting himself and others.  The applicant had many legitimate avenues (i.e., Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers) through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. 
       
       Although the applicant did not properly annotate the DD Form 149 requesting a review of his record for a possible upgrade of his discharge; he was given the benefit of this review as instructed in pertinent part (E.3.1.3.2) by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.
       
       Therefore, the analyst determined 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: 25 May 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (090113).  

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						
Board Vote:
Character - Change 0    No change 5
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: None

XI.  Certification Signature
Approval Authority:




Colonel, U.S. Army
President, Army Discharge Review Board



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 AR20110024001
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