Application Receipt Date: 060524	

Prior Review    Prior Review Date: None

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

Issues: See applicant's attached 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: 051102
Discharge Received:     Date: 051209   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: Headquarters, 1st Battalion, 10th Aviation Brigade, 10th Mountain Division (Light Infantry), Fort Drum, NY 

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:  860923  
Current ENL Date: 040928    Current ENL Term: 04 Years  ?????
Current ENL Service: 01 Yrs, 02Mos, 17Days ?????
Total Service:  01 Yrs, 02Mos, 17Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 92A10 (Automated Logistical Specialist)   GT: 90   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, GWOTSM
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 13 September 2005, the applicant was diagnosed with an adjustment disorder with mixed emotions and conduct.  Despite counseling and support from her command she had failed to adapt to the mission, purpose, and values of the Army.  On 2 November 2005, 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 (diagnosed with having an adjustment disorder with mixed emotions and conduct, also failure to adapt to mission, purpose, and values of the Army), with a honorable discharge.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 honorable 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 and the issue she submitted, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable..  The evidence of record shows that the applicant was evaluated by competent medical authority, revealing a adjustment disorder with mixed emotions and conduct.  The analyst noted that the unit commander and intermediate commander in accordance  with Chapter 5-17, AR 635-200 recommended that the applicant be discharged with a honorable discharge.  However, the separation authority discharged the applicant with a general, under honorable conditions.  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.  The analyst determined that the narrative reason for discharge was both proper and equitable.

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 now inequitable.  The Board determined that the applicant's length of service, the circumstances surrounding her discharge, and the time that has elasped since her discharge, mitigated the discrediting entries in her service record.  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 narrative 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: 

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

Official: 


MARY E. SHAW				DATE: 2 April 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060007417

Applicant Name:  Ms.        
______________________________________________________________________


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