Application Receipt Date: 060504	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated, "The discharge was improper because it was for a medical condition which has been rated a service connected disabilty by the Veterans Administration."  The applicant submitted a three-page Department of Veterans Affairs decisional document related to a disability claim.

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: 040226
Discharge Received:     Date: 040308   
Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: Retraining and Holding Unit, Training Support Battalion Garrison Command , U.S. Army Maneuver Support Center and Fort Leonard Wood, Fort Leonard Wood, Missouri 65473 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  731206  
Current ENL Date: 030806    Current ENL Term: 4 Years  ?????
Current ENL Service: 0 Yrs, 7 Mos, 3Days ?????
Total Service:  0 Yrs, 7 Mos, 3 Days ?????
Previous Discharges: None
Highest Grade: E-2
Performance Ratings Available: Yes    No 
MOS: None   GT: 125   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: None were submitted.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 25 February 2004, the applicant was counseled in reference to a medical status evaluation, conducted by competant medical authority, revealing a medical disorder, currently manifesting as (left knee pain).         On 26 February 2004, the unit commander notified the applicant of initiation of separation proceedings under the provisions of Chapter 5-17, AR 635-200, by reason of other designated physical or mental conditions (other medical conditions, for emotional, control, behavioral and/or physical problems incompatible with military service), with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander recommended separation from the service, and waiver of further rehabilitative efforts.  On 27 February 2004, 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 independent documents she submitted, the analyst recommends that relief be granted in this case in the form of an upgrade of the applicant's character of service to fully Honorable.  The evidence of record shows that the applicant was evaluated by competent medical authority , revealing a medical disorder, currently manifesting as (left knee pain).  The analyst noted that the unit commander initiated separation action under provisions of Chapter 5-17, AR 635-200, by reason of other designated physical or mental conditions, with a general, under honorable conditions discharge.  Army Regulation 635-200 states that a characterization of general, under honorable conditions is normally inappropriate for individuals separated under the provisions of this chapter.  In view of the foregoing, the analyst determined that the characterization of service was too harsh and as a result, it is inequitable.  However, the analys found that the reason for discharge was both proper and equitable.
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 February 2007              
Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: N/A

Witnesses/Observers: N/A 

Exhibits Submitted: N/A




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 full relief in the form of an upgrade of the characterization of service to fully honorable.  The Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it.




















Case report reviewed and verified by: Mr. John Zangas, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: None
Other: None
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

ROBERT L. HOUSE
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 7 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006376

Applicant Name:  Ms.        
______________________________________________________________________


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