Application Receipt Date: 060511	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293.

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: 050601
Discharge Received:     Date: 050615   
Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: A Company 2nd Bn 502nd IR Fort Campbell, KY 42223-5000 

Time Lost: AWOL-59 days (050118-050316), mode of return to military control NIF.  However, the DD Form 214, item 29, dates of time lost during this period in not annotated as such.  The applicant received an article 15 for this AWOL period.

Article 15s (Charges/Dates/Punishment): 050516-AWOL/Field Grade.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840721  
Current ENL Date: 021010    Current ENL Term: 3 Years  ?????
Current ENL Service: 02 Yrs, 08 Mos, 06 Days ?????
Total Service:  02 Yrs, 08 Mos, 06 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 95   EDU: HS Transcript   Overseas: Kuwait/Iraq   Combat: Kuwait/Iraq (030301-040228)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSB, CIB
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 18 April 2005,  the applicant was diagnosed with a disorder of Axis I:  adjustment disorder with disturbance of conduct, Axis II:  personality disorder, not otherwise specified, and Axis III:  none.  On 27 April 2005, the applicant was again evaluated and diagnosed with a disorder of Axis I:  adjustment disorder with depressed mood, Axis II:  deferred, and Axis III:  none.  On 1 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Section III, Paragraph 5-17, AR 635-200, due to him having a mental disorder (diagnosed by DMHS as having an adjustment disorder with disturbance of conduct, this condition prevents him from world wide deployment), with an honorable characterization of service.  He was advised of his rights.  The record does not indicate whether he consulted with legal counsel and the applicant's election of rights documentation is not a part of the available record, and the analyst is presuming Government regularity in the discharge process.  The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.   The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  0n 6 June 2005, the separation authority 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 and the issue he submitted, the analyst recommend to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable.  This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct.  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 length of the applicant's service, to include his combat service, and the unit and intermediate commander's recommendation for an honorable characterization of service, mitigated the discrediting entry in his service record.  However, the reason for discharge remains both proper and equitable. 

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 21 March 2007              
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.  However, the Board found that the reason for discharge was both proper and equitable and voted not to change it.     



















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

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


MARY E. SHAW				DATE: 26 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060006800

Applicant Name:  Mr.        
______________________________________________________________________


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