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ARMY | DRB | CY2005 | 20050006653
Original file (20050006653.doc) Auto-classification: Denied



                           DEPARTMENT OF THE ARMY
                         Army Discharge Review Board
                           1901 South Bell Street
                          Arlington, VA  22202-4508
                              16 December 2005


Office of the President




      After careful review of your application, military records and all
other available evidence, the Army Discharge Review Board determined that
you were properly and equitably discharged.  Accordingly, your request for
a change in the character and/or reason of your discharge is denied.

      You may reapply to the Army Discharge Review Board for a personal
appearance hearing and/or you may apply to the Army Board for Correction of
Military Records.  Enclosed are the necessary applications for requesting a
review from both boards.  If you choose to apply to the Army Board for
Correction of Military Records you must do so within three years from the
date of this letter.

      Be advised that the Army Discharge Review Board operates on a 15-year
statute of limitations from the date of discharge; therefore, you must
reapply within this time frame for a hearing.

      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.  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:  Army Review Board Agency, Attention:
(Reading Room), The Pentagon, Washington, DC 20310-1809.

                                  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:  Uncharacterized

2.  Date of discharge (or REFRAD):  041018

3.  Authority for separation:

      a.  Regulation:  Chapter 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:
                                           NONE
    a.  Period entered for:  3 Years
    b.  Entry date:  040914
    c.  Age:  21 Years   DOB:  830606
    d.  Educational level:  HS Grad


    e.  Aptitude area score:
          GT:  134                               3.  Highest grade
achieved:
    f.  Length of Service:                         E1
          0 Year(s)  1 Month   5 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 30 September 2004, the applicant
was diagnosed with an adjustment disorder with mixed disturbance of
emotions and conduct and recommended for discharge.  On 30 September 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
physical condition, not a disability with service uncharacterized.  He was
advised of his rights.  The applicant waived his right to consult 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.  On 7 October 2004, the separation
authority directed that the applicant be discharged with service
uncharacterized.

      b.  On 18 October 2004, the applicant was discharged.  At the time of
discharge, the applicant had completed 1 month and 5 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 050420.
      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:
          (   )  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.

        (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 the applicant was diagnosed by competent
medical authority with an adjustment disorder and recommended for
discharge.  It was determined that his physical condition interfered with
his ability to perform duty, and that the diagnosis was so severe that the
soldier’s ability to function in the military environment was significantly
impaired.  The applicant’s service was uncharacterized because he was in
entry-level status (i.e., the first 180 days of continuous active duty.)  A
fully honorable discharge may be granted only in cases which are clearly
warranted by unusual circumstances involving outstanding personal conduct
and/or performance of duty.  The Board determined that no such unusual
circumstances were present in the applicant’s record and his service did
not warrant an honorable discharge.   The Board, being convinced that the
reason for discharge and the characterization of service were both proper
and equitable, voted to deny relief.

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



                           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
                  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

                                    NONE

                          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:  20050006653                   INDEX NUMBERS:  A9217
Date of Review:  051214                                   A0100
Character of Service:  EL
Date of Discharge:  041018
Authority:  AR 635-200 C11
Reason:  A2900
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. COL FLETCHER, ANN G.  Mbr          X                 X       

    5.      PO           X                 X       







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