Application Receipt Date: 060405
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting documents.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 030227
Discharge Received: Date: 030512
Chapter: 5-17 AR: 635-200
Reason: Other Designated Physical or Mental Conditions
RE: SPD: JFV
Unit/Location: Company C, 1st Battalion, 14th Infantry, Schofield Barracks, HI
Time Lost: AWOL 2 days 020917-020918 as shown on DD Form 214, however, DA Form's 4187's (Personnel Action) taken from the applicant's record shows he was AWOL from 020917 to 021115.
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 811003
Current ENL Date: 010904 Current ENL Term: 03 Years ?????
Current ENL Service: 01 Yrs, 08Mos, 07Days ?????
Total Service: 01 Yrs, 08Mos, 07Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 115 EDU: GEN Overseas: Hawaii Combat: None
Decorations/Awards: NDSM, OSR, ASR, Certificate of Achievement
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 14 November 2002, the applicant was diagnosed with an adjustment disorder with depressed mood. This disorder was of a sufficient severity and the applicant was not expected to adapt to the Army. On 27 February 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, due to him being diagnosed by a Psychiatrist of suffering from adjustment disorder with depressed mood, with a general, under honorable conditions characterization of service. He was advised of his rights. 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
b. Legal Basis for Separation:
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 Soldiers 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.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. While the applicant's misconduct is not condoned, the analyst concluded that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the circumstances surrounding his discharge, mitigated the discrediting entry in his service record. However, the analyst determined the narrative reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 070221
Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change No change (Character)
Change No change (Reason)
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service was too harsh, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the 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.
Case report reviewed and verified by: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
MARY E. SHAW DATE: 070223
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060004883
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2008 | AR20080005839
Facts and Circumstances: The evidence of record shows that on 13 February 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance for failure to pass five consecutive record APFTs, with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unsatisfactory Performance ", and the separation code...
ARMY | DRB | CY2007 | AR20070018766
Applicant Name: ????? On 9 October 1997, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable conditions. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board Issue a new DD Form 214 Change...
ARMY | DRB | CY2009 | AR20090007563
Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 080517 Chapter: 13 AR: 135-178 Reason: Unsatisfactory Participation RE: SPD: NA Unit/Location: 366th CM CO, Ft Stewart, GA Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Facts, Circumstances, and Legal Basis for Separation a. Further, on 17 May 2008 the separation authority directed that the...
AF | DRB | CY2006 | AR20060016802
On 3 November 1992, the separation authority approved the discharge with a characterization of service of under other than honorable conditions. Accordingly, the analyst recommends to the Board that the applicant's characterization of service be upgraded to general, under honorable conditions. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable...
ARMY | DRB | CY2007 | AR20070013571
Applicant Name: ????? On 1 April 2007, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. The applicant was advised that he could request a copy of the entire separation packet that included numerous negative counseling statements, a company grade Article 15 (060621) and the mental evaluation, these documents provided the basis for the general, under honorable conditions discharge.
ARMY | DRB | CY2007 | AR20070016067
Applicant Name: Application Receipt Date: 2007/11/08 Prior Review: Prior Review Date: NA I. Discharge Under Review Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 061122 Chapter: 5-11 AR: 635-200 Reason: Failed Medical/Physical/Procurement Standards RE: SPD: JFW Unit/Location: B Co, 232d Medical Training Bn, Fort Sam Houston, TX Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): NOne Counseling Records Available: Yes...
ARMY | DRB | CY2008 | AR20080010917
Applicant Name: ????? Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the service in lieu of trial by court-martial. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior to requesting...
ARMY | DRB | CY2008 | AR20080007915
Applicant Name: ????? Total Service: 04 Yrs, 08Mos, 07Days the analyst utilized applicant's enlistment contract and the separation order for computation of period of enlistment under review and the total service. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and...
ARMY | DRB | CY2006 | AR20060014795
The unit commander recommended approval of an under other than honorable conditions discharge. Legal Basis for Separation: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.
ARMY | DRB | CY2009 | AR20090013352
Applicant Name: ????? The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court...