Application Receipt Date: 060606	

Prior Review    Prior Review Date: None

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

Issues: The applicant stated, "I have completed a full term of active service from year 1998-2001 and received an honorable discharge.  I request to have my honorable reinstated."

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: 050714
Discharge Received:     Date: 050721   
Chapter: 5-18    AR: 635-200
Reason: Physical Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: Headquarters and Headquarters Company, 3rd Battalion, 11th Infantry Regiment (OCS), 11th Infantry Regiment, Fort Benning, Georgia 31905 

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:  781025  
Current ENL Date: 050523    Current ENL Term: 3 Years  ?????
Current ENL Service: 0 Yrs, 1 Mos, 29 Days ?????
Total Service:  7 Yrs, 2 Mos, 0 Days ?????
Previous Discharges: RA-980522-010521/HD
                                      ARNG-010522-020821/HD
                                      USAR-020822-050522/NA
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 09S00, Commissioned Officer Candidate   GT: 115   EDU: College Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR, PB, PRB
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:
      The applicant's documentation indicating he was diagnosed by competent medical authority is not a part of the available military records and the analyst presumed Government regularity in the discharge process.  The evidence of record shows that on 27 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of other mental condition, with an honorable discharge.  He was advised of his rights.  Furthermore, the applicant's election of rights are not contained in the available record and Government regularity is presumed in the discharge process.  The unit commander subsequently recommended separation from the service with an honorable discharge.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  On 18 July 2005, the separation authority directed that the applicant be discharged with an honorable characterization of service.
      
      
      
      
      
      
      
      
      
      
      
      
      

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under AR 635-40, that potentially 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.
      
      

      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, to include his supporting documents, the analyst noted that the separation authority approved the applicant's discharge with an honorable characterization of service, however, AR 635-200, Chapter 3-9 (2), indicates that HQDA (AHRC-EPR-F), on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty.  This characterization is authorized when the soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial Plenary authority.  Furthermore, the applicant's was in an entry level status at the time of his initiation of separation action under the provisions of Chapter 5, Paragraph 17, AR 635-200.  Additionally, the analyst did notice an error on the applicant's DD Form 214, item 25, Separation Authority, should be: "AR 635-200, Paragraph 5-17."  In view of the aforementioned, the reason for discharge and the characterization of service remains both proper and equitable. 
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 25 April 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 discharge was both proper and equitable, voted to deny relief. 
























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: 

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

Official: 


MARY E. SHAW				DATE: 4 May 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060008146

Applicant Name:  Mr.       
______________________________________________________________________


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