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ARMY | DRB | CY1999 | 1999024636

Original file (1999024636.rtf) Auto-classification: Approved

PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: GD

2. Date of discharge (or REFRAD): 970724

3. Authority for separation:

         a. Regulation: Chapter 5, AR 635-200

         b. Reason: Physical Condition, Not a Disability

4. Prior review(s): NONE

PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

1.       Service data: 2. Awards and decorations:
                           NDSM
a. Period entered for: 4 Years (10 mos ext) ASR
b. Entry date: 950105 (960604) C/Ach
c. Age: 19 Years DOB: 751213 C/A(2)
d. Educational level: HS Grad
e. Aptitude area score:
         GT: 118 3. Highest grade achieved:
f. Length of Service: E4
2 Years 6 Months 20 Days

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other

6. Nonjudicial punishment: NONE

         Date     Offense(s)


7. Court-Martial data: NONE

         a. SCM:
                  Date Offense(s)


         b. SPCM:
                  Date Offense(s)

         c. GCM:
                  Date Offense(s)

8.       Remarks: NONE

SECTION B - Prior Service Data
NONE

Other discharge(s):

         Service From      To        Type Discharge

PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record shows that the unit commander notified the applicant of initiation of separation action under the provisions of
Chapter 5, AR 635-200, physical condition, not a disability, with a recommendation for a general, under honorable conditions discharge (GD). The applicant was advised of his rights, declined legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval with a GD. Staff Judge Advocate determined the administrative separation action to be legally sufficient. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a GD.

         b. On 24 July 1997, the applicant was discharged with a GD. At the time of his discharge the applicant had completed 2 years, 6 months, and 20 days of active military service.

         c. The applicant’s record shows that he completed over 2 and ½ years of service and attained the rank of specialist/E-4. There is no indication of nonjudicial punishment, under the provisions of Article 15 of the UCMJ, or of trial by court-martial convictions contained in the applicant’s record. The unit commander, in processing the applicant for separation, cited no disciplinary infractions or misconduct in support of his action. The justification used by the commander was the applicant’s adjustment disorder; depressed mood; and disturbance in mood and conduct that significantly impaired his ability to serve.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-18 provides that a soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer that soldier for a medical examination and/or mental status evaluation in accordance with AR 40-501, and excluding conditions appropriate for separation processing under paragraphs 5-11 or 5-13.

SECTION B-APPLICANT’S SUBMISSIONS

1. Issue(s) of propriety and/or equity submitted by applicant or counsel.
As stated on applicant’s DD Form 293.

2. Exhibit(s) submitted:

         A-1: DD Form 293, dated 990219, with twelve (12) enclosure(s).
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)

SECTION C - Medical and/or Legal Advisory Opinion

Referred to ( ) Medical Advisor ( ) Legal Advisor

a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):

PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 21 April 1999

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
         Counsel ( ) Yes ( X ) No

         e. Applicant testified: ( ) Yes ( X ) No

         f. Counsel presentation: ( ) Yes ( X ) No

         g. Witness(es) testified: ( ) Yes ( X ) No

2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

         ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:

         b. Request: ( X ) Recharacterization ( ) Change of Reason

2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:

         a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.

         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

(3) The issue is accepted. The Board carefully examined the applicant’s record of service for the period of enlistment under review, and concluded that the characterization of service was inequitable. The Board determined that the sole basis for the applicant’s separation was an adjustment disorder, not amounting to a disability, which impaired his ability to serve. The evidence of record shows that the applicant’s conduct and performance of duty were generally acceptable and did not warrant the award of an under honorable conditions characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it.

(1), (2), and (4) See response to Paragraph 3, below.

3. Response to items not addressed as decisional issues:

Inasmuch as the Board voted to grant the relief requested by the applicant, responses to remaining issues are neither required nor rendered.

PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

         ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( )      Equitable.
         ( X )    Inequitable as to characterization. Change characterization to Honorable .
         ( )      Inequitable as to reason. Change reason to
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                    under                          .

2. Voting record: Change No Change
         Reason 0 5
Characterization 5 0

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508

3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified


MRS. WADE
Case Reviewing Official

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis Date: 23 April 1999

The Army Discharge Review Board, established under the provisions of Section 30, Public Law 346, 78th Congress, 22 June 1944 and codified as Title 10, United States Code, Section 1553, in the case of the applicant named in Part I directs that the ARBA Support Division-St Louis issue a new DD Form 2l4 to the applicant which reflects the following directed change(s):

( X )   Change characterization of discharge to Honorable.

SECTION B - CERTIFICATION

Approval Authority:

THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:

SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

AR Number: 1999024636 INDEX NUMBERS: A9202
Date of Review: 990421 A9218
Character of Service: GS A0100
Date of Discharge: 970724
Authority: AR 635-200 C5
Reason: A0400
Results of Board Action/
Vote/Affirmation: HD 5-0 A

PART IX - VOTING RECORD

Name Reason Characterization
CHANGE NC HON UHC NC UNCHAR
1.      Mbr     X X

2.      Mbr     X X

3.      Mbr     X X

4.      Mbr     X X

5.      Mbr     X X

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ARMY | DRB | CY1999 | 1999024636

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