Application Receipt Date: 060519	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached 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: 051020
Discharge Received:     Date: 060215   
Chapter: 5-13    AR: 635-200
Reason: Personality Disorder
RE:     SPD: JFX
Unit/Location: C Company 123rd Aviation Regiment (AVIM) LSA Anaconda, Iraq 09391 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050730-violate a lawful general order, by wrongfully introducing and possessing a privately owned firearm and ammunition into MNC-IAOR, between on or about 14 January 2005 and 28 February 2005, (Field Grade).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  790711  
Current ENL Date: 020227    Current ENL Term: 6 Years  ?????
Current ENL Service: 03 Yrs, 11 Mos, 19 Days item 12c on DD Form 214, net active service this period is incorrect, should read 03 yrs, 11 mos, 19 days 
Total Service:  04 Yrs, 00Mos, 25Days ?????
Previous Discharges: USAR-011228-020203/NA
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 15F10 Aircraft Electrician   GT: 115   EDU: HS Grad   Overseas: Alaska   Combat: Iraq (050112-051106)
Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 20 September 2005, the applicant was diagnosed with a disorder of Axis I:  adjustment disorder with disturbance of conduct, Axis II:  deferred, and Axis III:  none.  On 20 October 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, (0n 19 September 2005, you were command referred for a behavioral health evaluation.  In the resulting evaluation, the doctor found that he had an Axis I:  an adjustment disorder with disturbance of conduct.  The evaluation also revealed that he exhibited chronic emotional and behavioral symptoms in response to stressors that were in excess of what were expected, causing significant impairment in social and occupational functioning.  He is mentally responsible for his behavior, know right from wrong and can participate in administrative proceedings, however, his behavior suggests an on going chronic pattern of impulsivity, poor judgment and inter personal conflict), with an honorable characterization of service.  He was advised of his rights.  The applicant waived consultation with legal counsel, and did not submit a statement in his own behalf.  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 a general, under honorable conditions discharge.  0n 24 October 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
      
      The analyst noted that administrative actions to separate the applicant were initiated under the provisions of AR 635-200, Chapter 5, paragraph 5-17,"Condition, Not A Disability."  However, his DD Form 214 indicates that he was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-13, "Personality Disorder" with a separation code of "JFX."  
      
      The analyst recommend that the following administrative changes be made on the applicant's DD Form 214:  item 25, separation authority, change to Paragraph 5-17; item 26, separation code, change to "JFV" and item 28, change to "Condition, Not A Disability."    

      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 recommend to grant relief in the form of an upgrade of the 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 determined 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 commander's recommendation for an honorable characterization of service, mitigated the discrediting entry in his service record.  Furthermore, the analyst recommend that the narrative reason for separation be administratively changed to "Condition, Not A Disability" with the corresponding SPD code of "JFV."  
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 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, and administratively change the narrative reason for separation to "Condition, Not A Disability" with the corresponding SPD code of "JFV."    


















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: "Condition, Not A Disability" under provision of Chapter 5, Paragraph 5-17, AR 635-200.  
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: 30 March 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY” DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007093

Applicant Name:  Mr.    
______________________________________________________________________


Page 5 of 6 pages

“CORRECTED COPY”