Application Receipt Date: 060711
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: NIF
Discharge Received: Date: 040807
Chapter: 5-17 AR: 635-200
Reason: Physical Condition, Not A Disability
RE: SPD: JFV
Unit/Location: HHC 1st Bn 503rd Infantry (Air Assault) APO AP 96224
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 820503
Current ENL Date: 031028 Current ENL Term: 3 Years ?
Current ENL Service: 00 Yrs, 09 Mos, 10 Days ?????
Total Service: 01 Yrs, 11 Mos, 22 Days ?????
Previous Discharges: ARNG-020816-021118/NA
ADT-021119-030417/UNC
ARNG-030418-031028/HD
Highest Grade: E2, it appears that the applicant attained the grade of PFC/E3; however, at the time of discharge his DD Form 214 reflects the grade of PV2/E2, and there is no evidence of nonjudicial punishment.
Performance Ratings Available: Yes No
MOS: 92Y10 Unit Supply Spec GT: 95 EDU: GED Cert Overseas: Korea Combat: None
Decorations/Awards: NDSM, GWOTSM, KDSM, ASR
V. Post-Discharge Activity
Home of Record:
Current Address:
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that the applicant was evaluated and diagnosed by competent medical authority with the following: Axis I, Depressive Disorder, Not Otherwise Specified; Axis II, No Diagnosis. 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, due to a mental disorder (diagnosed by competent medical authority on 6 July 2004, with having a depressive disorder, not otherwise specified that potentially interfere with the performance of his duties and ability to function as a Soldier), with an honorable characterization of service. 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 wavier 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. The separation authority wavied further rehabilitative requirements and directed that the applicant be discharged with a characterization of service of honorable.
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 Soldiers 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 applicants military records for the period of enlistment under review, the issue and documents he submitted, the analyst recommends that relief be denied in this case. A report of mental status evaluation by competent medical authority diagnosed the applicant with a depressive disorder, not otherwise specified based on evaluation from the initial SRP screen and clinical interview, and was appropriately recommended for separation under provisions of Chapter 5-17, AR 635-200. Therefore, the narrative reason for discharge remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 July 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 0 No change 0 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable, voted to deny relief.
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: 20 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060009754
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2006 | AR20060010379
Current ENL Service: 03 Yrs, 04 Mos, 27 Days ????? The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 14 March 2005, the separation authority wavied further rehabilitative requirements and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
AF | DRB | CY2006 | AR20060016807
Facts and Circumstances: Evidence of record shows that on 25 February 2005, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Adjustment Disorder with Mixed Anxiety and Depressed Mood; Axis II: Personality Disorder Not Otherwise Specified with Cluster B Traits. The unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of personality disorder, diagnosed by a...
ARMY | DRB | CY2006 | AR20060017770
The regulation also directs that: commanders will not take action prescribed in this chapter in lieu of disciplinary action; requires that the diagnosis concludes the disorder is so severe that the Soldiers ability to function in the military environment is significantly impaired; and states that separation for personality disorder is not appropriate when separation is warranted under chapter 4, 5, 7, 9, 10, 11, 13, 14, or 15; Army Regulation 604-10 or Army Regulation 635-40. Board...
ARMY | DRB | CY2006 | AR20060011622
The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. 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 applicants military records for the period of enlistment under review, the issue and documents she submitted, the unit...
ARMY | DRB | CY2008 | AR20080007474
The separation authority directed that the applicant be discharged with a characterization of service of fully honorable. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder" and the separation code is "JFX." Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE...
ARMY | DRB | CY2009 | AR20090003449
Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief. Board Action Directed President, Army Discharge Review...
ARMY | DRB | CY2009 | AR20090009325
Applicant Name: ????? Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT...
ARMY | DRB | CY2007 | AR20070011310
On 5 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-13, by reason of personality disorder, diagnosed by a medically qualified psychiatrist as suffering with a long standing disorder of character, chronic maladaptive behavior that significantly impairs the ability to adapt and function in a military environment. The regulation also directs that commanders will not take action prescribed in...
ARMY | DRB | CY2006 | AR20060010460
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. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and...
ARMY | DRB | CY2006 | AR20060014010
Current ENL Service: 03 Yrs, 01 Mos, 09 Days ????? Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the narrative reason for discharge was both proper and equitable and voted not to change it. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army...