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ARMY | DRB | CY2006 | AR20060004883
Original file (AR20060004883.txt) Auto-classification: Approved
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.  Soldier’s 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 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.  

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s 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 applicant’s record of service during the period of enlistment under review and considering the analyst’s 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.        
______________________________________________________________________


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