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ARMY | DRB | CY2003 | 2003090252
Original file (2003090252.rtf) Auto-classification: Denied

PART II - APPLICATION DATA

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

1. Character of Discharge: Honorable

2. Date of discharge (or REFRAD): 021122

3. Authority for separation:

         a. Regulation: Chapter 5-17, AR 635-200

          b. Reason: Other Designated Physical or Mental Condition
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 6 Years
b. Entry date: 020430
c. Age: 18 Years DOB: 830515
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 113 3. Highest grade achieved:
f. Length of Service: E2
0 Year(s) 6 Month(s) 23 Day(s)

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. Evidence of record shows that on 20 November 2002, DA, HQ, U.S. Army Intelligence Center and Fort Huachuca, Fort Huachuca, AZ, Orders 324-0108 discharged the applicant from the Regular Army, effective 22 December 2002. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. Her DD Form 214 indicates that she was discharged under the provisions of Chapter5-17, AR 635-200 by reason of other designated physical or mental condition, with a characterization of service of honorable. The specific facts and circumstances pertaining to the applicant’s discharge are not contained in the available records.

         b. On 22 November 2002, the applicant was discharged. At the time of discharge, the applicant had completed 6 months and 23 days of active military service in the period under review.

         c. The applicant submitted the following evidence with her application: a copy of a 7 November 2002 letter from her defense counsel opining that her separation action was legally insufficient; Report of Mental Status Evaluation, dated 4 September 2002 and 7 October 2002; doctor’s progress notes; and, several counseling statements.

2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides that a soldier may be separated for a physical or mental condition, not amounting to disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. Army policy states that an honorable or general discharge is authorized depending on the applicant’s overall record of service .


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 030223, with three (3) 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, DC on 10 December 2003 .

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

 (1) The issue is rejected. The Board carefully examined the available record of service during the period of enlistment under review. The Board found no evidence of arbitrary or capricious actions by the command. The Board was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Before initiating action to separate the applicant, the command ensured the applicant was appropriately counseled about the deficiencies, which could lead to separation. The Board noted the command made an assessment of the applicant's potential for becoming a fully satisfactory soldier. The evidence of record established that the applicant was afforded a reasonable opportunity to overcome noted deficiencies. Army regulations stipulate that at least one formal counseling session is required before separation proceedings may be initiated. In addition, there must be evidence that the soldier’s deficiencies continued after the initial formal counseling. From the evidence submitted by the applicant, the Board was able to ascertain the following: On 8 August 2002, she was verbally counseled on her training progress and it was noted that she had been out of class quite often; on 29 August 2002, she was verbally counseled regarding her progress in training and it was noted that she had difficulty controlling her emotions; and, on 4 September 2002, she was diagnosed with an adjustment disorder with depressed mood, and was psychiatrically cleared for any action deemed appropriate by her command. Her command allowed her to continue her training and on 11 September 2002 she was formally counseled for disrupting classroom procedures. It was noted at that time that she had disrupted training on four previous occasions with emotional outbursts and creating tensions in the classroom. On 16 September 2002, she was counseled for missing class, and on 20 September 2002, the applicant was again formally counseled for an emotional classroom outburst and notified that she was being placed on a one-week evaluation period to determine if she was retainable in the Army. On 7 October 2002, the applicant underwent another mental status evaluation. She was again diagnosed with an adjustment disorder and the medical examiner cleared her for prompt administrative separation due to her inability to cope with anxiety and depression, as well as reoccurring thoughts of self-harm. He determined that she was unable to effectively perform military duties. On 9 October 2002, the applicant was notified in a formal counseling session that she was being recommended for separation based on her inability to effectively perform military duties due to her adjustment disorder. Notwithstanding the applicant’s contentions, she was counseled on many occasions and provided with many opportunities to overcome her noted deficiencies. The Board, being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.

        
         b. Equity:       The applicant has not submitted an issue of equity and the ADRB has not otherwise relied upon an issue of equity to change the discharge. The major factors upon which the discharge was based are set forth in Parts III and IV of this decisional document.
         

3. Response(s) to item(s) not addressed as decisional issue(s): NONE


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                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      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 0 5

         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       

                                 
Ms. McKim-Spilker
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


SPURGEON A. MOORE
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




MARY E. SHAW
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: 2003090252 INDEX NUMBERS: A0113
Date of Review: 031210 A0145
Character of Service: HD A0147
Date of Discharge: 021122 A9500
Authority: AR 635-200 C5
Reason: A2800
Results of Board Action/
Vote/Affirmation: NC 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.      PO      X          X    






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