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ARMY | DRB | CY2004 | AR2004101278
Original file (AR2004101278.doc) Auto-classification: Approved


                         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):  010307

3.  Authority for separation:

      a.  Regulation:  Chapter 5, Paragraph 5-13, AR 635-200

      b.  Reason:  Personality Disorder

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:  5 Years
    b.  Entry date:  000913
    c.  Age:  20 Years   DOB:  800307


    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  116                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Year(s)  5 Month(s) 25 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 18 January 2001, the applicant
was diagnosed by competent medical authority with a Social Anxiety Disorder
and was recommended for expeditious separation under the provisions of
Chapter 5, Paragraph 5-17, AR 635-200.  On 21 February 2001, 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
designation physical or mental condition, with an honorable discharge.  She
was advised of her rights.  The applicant consulted with legal counsel, was
advised of the impact of the discharge action, and did not submit a
statement in her 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 an honorable discharge.
On 28 February 2001, the separation authority waived further rehabilitative
efforts and directed that the applicant be discharged with a
characterization of service of honorable.

      b.  On 7 March 2001, the applicant was discharged.  At the time of
discharge, the applicant had completed 5 months and 25 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 040105, 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, D.C. on 8 September
2004.

      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:  (   ) 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 evidence of record shows that on 18 January 2001, the applicant was
diagnosed by competent medical authority with a Social Anxiety Disorder and
was recommended for expeditious separation under the provisions of Chapter
5, Paragraph 5-17, AR 635-200.  On 21 February 2001, 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 physical
condition, not a disability, with an honorable discharge.  However, someone
in the discharge process improperly changed the applicant’s narrative
reason for separation to Chapter 5, Paragraph 5-13, AR 635-200, personality
disorder.  Accordingly, the Board directed an administrative correction to
the narrative reason for discharge to Chapter 5, Paragraph 5-17, AR 635-
200, as approved by the separation authority.  This action entails a change
in the SPD code to “JFV.”  Table 2-3 (SPD/RE Code Cross Reference Table),
AR 635-5 (Separation Documents) establishes RE Code 3 as the proper reentry
code to assign to soldiers separated under the provisions of Chapter 5,
Paragraph 5-17, AR 635-200.  A review of the applicant’s assigned RE code
shows that she was appropriately assigned an RE code of 3.  An RE Code of 3
indicates that the applicant requires a waiver prior to being allowed to
reenlist.  If the applicant desires to reenlist, she should contact the
local recruiter to determine her eligibility to reenlist.  Those
individuals can best advise a former service member as to the needs of the
military services, and are required to process waivers of RE codes.

      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 ________________________.
      ( X ) Both proper and equitable, but reason for separation cited was
           an administrative/clerical error and should be changed to
           Physical Condition, Not a Disability under Chapter 5, Paragraph
           5-17, AR 635-200.

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
                  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

                          
Ms. McKim-Spilker
Case Reviewing Official

                     PART VIII - DIRECTIVE/CERTIFICATION
                            SECTION A - DIRECTIVE

TO: ARBA Support Division-St Louis      Date:  10 September 2004

     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 ) Other (see remarks below).

Remarks:  Administratively correct DD Form 214 as follows:  block 25 to
          “AR 635-200, Para 5-17;” block 26 to “JFV;” and block 28 to
          “Physical Condition, Not a Disability.”  This action does not
          entail a change in 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:  2004101278                    INDEX NUMBERS:  A9456
Date of Review:  040908                                   A0100
Character of Service:  HD
Date of Discharge:  010307
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. COL ANDRASCHKO, STEVEN L.  Mbr          X                 X       

    4.      Mbr          X                 X       

    5.      PO           X                 X       






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