DEPARTMENT OF THE ARMY
Army Discharge Review Board
1901 South Bell Street
Arlington, VA 22202-4508
16 December 2005
Office of the President
The Army Discharge Review Board reviewed your case and determined
that relief is warranted. The Board has directed the ARBA Support
Division, St. Louis, MO, to take action as indicated on the enclosed OSA
Form 172, Case Report and Directive. This document reflects the findings,
conclusions, and reasons for the Board's decision. The official
notification of any change to your official military personnel record,
including the appropriate documentation, will be mailed to you by the ARBA
Support Division.
If you believe that the decision in your case is unclear, not
responsive to the issues raised, or does not otherwise agree with the
decisional document requirements of DoD Directive 1332.28, you may submit a
complaint in accordance with Enclosure 5 of that directive. You should
read Enclosure 5 of that directive before submitting a complaint. The
complaint procedure does not permit you to challenge the merits of the
decision, but is designed solely to ensure that the decisional document
meets applicable requirements for clarity and responsiveness. You may
obtain a copy of DoD Directive 1332.28 by writing to: DA Review Boards
Agency, Attention: (Reading Room), The Pentagon, Washington, DC 20310-
1809.
Should you have any questions relating to the documentation
implementing the Board's decision, you should contact: ARBA Support
Division, ATTN: SFMR-RBL-SL, 9700 Page Avenue, St. Louis, Missouri, 63132-
5200.
Sincerely,
Robert L. House
Colonel, U.S. Army
President
Enclosure
MILITARY REVIEW BOARDS
Case Report & Directive
PART I - IDENTIFICATION DATA
NAME:
COUNSEL: ADDRESS:
PHONE:
ALTERNATE PERSON(S) TO BE NOTIFIED: ADDRESS:
RELATIONSHIP: PHONE:
TYPE REPORT:
( X ) Original
( ) Addendum
REMARKS
Case Management Data
( ) Response to other correspondence required upon completion of case.
( ) DD Form 149 in file. Send case to ABCMR.
OSA FORM 172 (REVISED) 22 May 98 Cover Sheet
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): 040824
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: 5 Years
b. Entry date: 031029
c. Age: 19 Years DOB: 831218
d. Educational level: HS Grad
e. Aptitude area score:
GT: 121 3. Highest grade
achieved:
f. Length of Service: E3
0 Year(s) 9 Month 26 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:
Date Offense(s)
040616 False official statement to SSG (040603) (Company Grade)
040726 Using cell phone at hospital while on Phase IV privileges
(Summarized)
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 30 July 2004, the applicant was
diagnosed with an adjustment disorder with anxious mood and a depressive
disorder, not otherwise specified and recommended for discharge. On 13
August 2004, the unit commander notified the applicant of initiation of
separation action under the provisions of Chapter 5-17, AR 635-200, by
reason of other designated physical or mental condition, with a general,
under honorable conditions discharge. She was advised of her rights. The
applicant waived her right to consult 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. The intermediate commander reviewed the proposed discharge
action and recommended approval of the separation action with a general,
under honorable conditions discharge. On undated, the separation authority
directed that the applicant be discharged with a characterization of
service of general, under honorable conditions.
b. On 8 August 2004, the applicant was discharged. At the time of
discharge, the applicant had completed 9 months and 26 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.
However, a characterization of service less than honorable is normally
inappropriate for this type of discharge.
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 041221.
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 14 December
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 characterization of service is too harsh.
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.
(1) See Paragraph 3, below.
(2) The issue is accepted. The Board carefully examined the
applicant’s record of service during the period of enlistment under review.
There was a full consideration of all faithful and honorable service as
well as the infractions of discipline, the extent thereof, and the
seriousness of the offenses. The evidence of record shows that the
applicant was discharged under the provisions of Chapter 5, Paragraph 5-17,
AR 635-200 by reason of other designated physical or mental condition, with
a characterization of service of general, under honorable conditions. An
honorable characterization of service is usually appropriate for
individuals separated under the conditions enumerated in this chapter
absent serious misconduct. Given the nature of the applicant’s infractions
and the circumstances surrounding her discharge, the Board determined that
the characterization of service was too harsh. 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 both proper and equitable, and voted not to change it.
However, the Board noted an administrative error in the applicant’s RE code
and directed an administrative correction to Block 27 (Reentry Code) of the
applicant’s DD Form 214.
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:
( 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 .
( X ) RE code cited was an administrative/clerical error and should
be changed to RE-3 under AR 635-5-1.
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
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: 16 December 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 ) Other (see remarks below).
Remarks: Administratively correct DD Form 214, block 27 to read “RE-3.”
SECTION B - CERTIFICATION
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge
Review Board
Official:
ESMERALDA G. PROCTOR
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: 20050006362 INDEX NUMBERS: A9406
Date of Review: 051214 A9324
Character of Service: GD A0100
Date of Discharge: 040824
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. COL FLETCHER, ANN G. Mbr X X
5. PO X X
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