Application Receipt Date: 060606	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 with attachments

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: 051006
Discharge Received:     Date: 051125   
Chapter: 14    AR: 635-200
Reason: Misconduct-Abuse of Illegal Drugs
RE:     SPD: JKK
Unit/Location: Company C. 2nd Battalion, 505th Parachute Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC  28310 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050804, Wrongfully used marijuana, between (050618-050718), (Field Grade)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  860421  
Current ENL Date: 040205    Current ENL Term: 3 Years  ?????
Current ENL Service: 1 Yrs, 9 Mos, 21 Days ?????
Total Service:  1 Yrs, 9 Mos, 21 Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes    No 
MOS: 11C1P Indirect Fire Infantry   GT: 96   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, 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 24 August 2005, the applicant was diagnosed by competent medical authority with a personality disorder, AXIS I: Adjustment Disorder with mixed disturbance of emotions and conduct; AXIS II: Personality Disorder not otherwise specified, and stated that the applicant meets the criteria for separation for Personality Disorder IAW Chapter 5-13, AR 635-200, (i.e., current potential for: self harm moderate) and continued military service places the applicant at higher risk.  However, on 6 October 2005 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, by reason of Other Designated Physical or Mental Condition (based on interviews and psychological evaluations recommending that you be separated from the Army combined with your statements of wanting to inflict harm upon yourself and your wrongful use of marijuana), with a general, under honorable conditions discharge.  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 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.  On 17 October 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions, under the provisions of AR 635-200, Chapter 5-17 by reason of Other Designated Mental Condition.  
      
      Further review of the applicant's OMPF indicates that someone in the discharge process issued the applicant a DD Form 214, discharging him under the provisions of Chapter 14, AR 635-200, by reason of misconduct-Abuse of Illegal Drugs with a general, under honorable conditions discharge and a reentry eligibility (RE) code of 4, and a separation code of "JKK."  

      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, and the issue he submitted, the analyst determined that the discharge was and is improper.  The analyst noted that on  24 August 2005, competent medical authority diagnosed the applicant in accordance with DSM IV, AXIS I: Adjustment Disorder with mixed disturbance of emotions and conduct; AXIS II: Personality Disorder not otherwise specified, AXIS III: no diagnosis, and stated that the applicant meets the criteria for separation by reason of Personality Disorder IAW Chapter 5-13, AR 635-200, (i.e., current potential for: self harm moderate) and continued military service places the applicant at higher risk.  The psychiatrist, MAJ, MC recommended immediate separation from the service.  On 3 October 2005, the unit commander counseled the applicant and indicated that he intended to initiate separation action under the provisions of AR 635-200, Chapter 5-17 by reason of mental disorder.  On 17 October 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions, under the provisions of AR 635-200, Chapter 5-17 by reason of Other Designated Mental Condition.  Further review of the applicant's OMPF indicates that someone in the discharge process issued the applicant a DD Form 214, discharging him under the provisions of Chapter 14, AR 635-200, by reason of misconduct-Abuse of Illegal Drugs with a general, under honorable conditions discharge and a reentry eligibility (RE) code of 4, and a separation code of "JKK."  Given, the above factors, the analyst determined that the applicant would have been more properly discharged based on his personality disorder which severely impaired his ability to serve.  As such, the applicant found that the discharge was inequitable.  Accordingly, the analyst recommend to the Board that the applicant be granted relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change in the reentry eligibility (RE) code, however, the Board can consider it.  

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 April 2007              
Location: Washington, DC

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 discharge was inequitable.  The Board does not condone the applicant’s misconduct; however, determined that the circumstances surrounding the discharge mitigated the discrediting entry in his service record.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to fully honorable and a change to the narrative reason for separation to Secretarial Authority.  This action does not entail a change to the reentry eligibility code.  




















Case report reviewed and verified by: Mr. Ron Williams, Examiner									        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: Secretarial Authority under Chapter 5, AR 635-200
Other: None
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: 10 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008134

Applicant Name:  Mr.        
______________________________________________________________________


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