Application Receipt Date: 060616	

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: 041012
Discharge Received:     Date: 041015   
Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: C Company 3rd Bn 10th Infantry T TC Fort Leonard Wood, MO 65473 

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:  860108  
Current ENL Date: 040914    Current ENL Term: 3 Years  22 weeks
Current ENL Service: 00 Yrs, 01 Mos, 02Days ?????
Total Service:  00 Yrs, 01Mos, 02 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None
V.  Post-Discharge Activity
Home of Record: 
Current Address: 
Post Service Accomplishments: The applicant enlisted in the U.S. Army on 4 January 20007.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 7 October 2004, the applicant was evaluated by competent medical authority for a disorder currently manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  The command is advised that this will potentially interfere with assignment or performance of duty, including military training.  On 12 October 2004, 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,  by reason of "Other Medical Conditions," (for emotional control, behavioral problems and/or physical problems incompatible with military service), with an uncharacterized separation of service.  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.  On 12 October 2004, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized separation of service. 

      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 during the period of enlistment under review, the issue and documents she submitted, the analyst recommend that relief be denied in this case.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-40, Chapter 5-5b, provides, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  The applicant was evaluated by competent medical authority for a disorder currently manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired.  The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.  Therefore, the analyst determined that the narrative reason for discharge remains both proper and equitable.

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

Case Number AR20060008664

Applicant Name:  Ms.        
______________________________________________________________________


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