PART II - APPLICATION DATA

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

1.  Character of Discharge:  General, Under Honorable Conditions

2.  Date of discharge (or REFRAD):  030114

3.  Authority for separation:

      a.  Regulation:  Chapter 5, Paragraph 5-17, 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:  3 Years               ASR
    b.  Entry date:  010724
    c.  Age:  18 Years   DOB:  830523
    d.  Educational level:  GED
    e.  Aptitude area score:
          GT:  109                   b           3.  Highest grade
achieved:
    f.  Length of Service:                         E3
          1 Year  5 Months  21 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.  Evidence of record shows that on 28 July 2002, Mental Health
officials evaluated the applicant at the request of the command.  The
applicant was diagnosed with Axis I: Adjustment disorder with mixed
disturbance of emotions and conduct, chronic and Occupational/military
problems, egocentric features.  The Mental Health official opined that the
applicant’s problems would not respond to Command efforts at rehabilitation
or to any treatment methods available in any military mental health
facility.  On 26 November 2002, the unit commander notified the applicant
of separation action under the provisions of Chapter 5, paragraph 5-17, AR
635-200, by reason of physical condition, not a disability, with an
honorable discharge.  The reasons for the proposed action were his
adjustment disorder with chronic mixed disturbance of emotion and conduct
of long standing duration, which interfered with his ability to effectively
and consistently perform his duty. He was advised of his rights.  On 27
November 2002, the applicant consulted with 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 service and waiver of further rehabilitative efforts.  The intermediate
commander reviewed the proposed discharge action and recommended approval
of the separation action with a general, under honorable conditions
discharge.  On 17 December 2002, the separation authority directed that the
applicant be discharged with a general, under honorable conditions
discharge.

      b.  On 14 January 2003, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 year, 5 months, and 21 days of
active military service in the period under review.

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 other physical
or mental conditions not amounting to a disability under Army Regulation
635-40, that 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 policy states that the service of personnel
separated under this paragraph will be characterized as honorable, general,
under honorable conditions, or uncharacterized if in entry-level status.  A
general, under honorable conditions discharge is normally inappropriate for
individuals separated under the provisions of Chapter 5-17.


                      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 040528, with two (2) enclosures.
      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 26 January
2005.

      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:
          ( X )  Additional issue(s) identified during review/hearing as
              follows:

        Board Issue:  (2)  The discharge is improper.

      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.

        (2)  The issue is accepted.  The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
 The Board noted that the unit commander used “Board Procedures” when
notifying the applicant that he was initiating action to separate him under
the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of
physical condition, not a disability with a characterization of service of
honorable.  By using “Board Procedures” the authority for approval of the
applicant’s separation rested with the General Court-Martial Convening
Authority.  The evidence of record shows that applicant’s separation action
was improperly approved at the Special Court-Martial Convening Authority
level.  Additionally, the Board noted that the separation packet contained
no justification for issuance of a characterization of service less than
fully honorable.  In view of the foregoing, the Board determined that the
discharge was and is improper.  Accordingly, the Board voted to grant full
relief in the form of an upgrade of characterization of service to fully
honorable and a change to the narrative reason for separation to
Secretarial Authority.  This action does not entail a change to the reentry
eligibility (RE) code.

      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.

        (1)  See Paragraph 3, below.

3.  Response(s) to item(s) not addressed as decisional issue(s):

    Inasmuch as the Board voted to grant the full relief requested,
response to the remaining issue is neither required nor rendered.

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

1.    Board conclusion(s):

      The discharge was:

      (   ) Proper.
      ( X ) Improper as to characterization.  Change characterization to
           Honorable.
      ( X ) Improper as to reason.  Change reason to Secretarial Authority
           under Chapter 5, AR 635-200.

      (   ) 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       5         0
    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
                  1901 South Bell Street, 2nd Floor
                  Arlington, VA  22202-4508



3.  Minority views:  NONE
                           PART VII - BOARD ACTION
                 SECTION B - Verification and Authentication

Case report reviewed and verified

                          
MR. RIVERA
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  28 January 2005

     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.
           ( X ) Change reason and authority for discharge to
            Secretarial Authority, AR 635-200.
           ( X ) Other (see remarks below).

Remarks:  This action does not entail a change to the RE code.

                          SECTION B - CERTIFICATION

Approval Authority:


ROBERT L. HOUSE
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:  20040002657                   INDEX NUMBERS:  A0108
Date of Review:  050126                                   A0154
Character of Service:  GD                                 A1200
Date of Discharge:  030114
Authority:  AR 635-200 C5
Reason:  A2800
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.      PO     X             X