Application Receipt Date: 060725	

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: 050310
Discharge Received:     Date: 050318   
Chapter: 5-17    AR: 635-200
Reason: Physical Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: HHB 1st Bn, 320th FAR, Fort Campbell, KY 42223-5000 

Time Lost: AWOL-273 days from (040402-050104), apprenhended by civil authorities in Aberdeen, SD on (041229), and transferred to Fort Campbelll, KY.

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): Summary Court Martial, 020717-AWOL from (020507-020529), reduced to PVT/E1, and confinement for 22 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  831030  
Current ENL Date: 010212    Current ENL Term: 4 Years  Item 12a on DD Form 214, date entered active duty this period is incorrect, should read (010119), see enlistment contract.
Current ENL Service: 03 Yrs, 04 Mos, 27 Days ?????
Total Service:  03 Yrs, 04 Mos, 27 Days ?????
Previous Discharges: None
Highest Grade: E2
Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 112   EDU: GED Cert   Overseas: SouthWest Asia   Combat: Iraq (030301-040305)
Decorations/Awards: AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR (2)
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 25 February 2005, the applicant was evaluated and diagnosed by competent medical authority with the following:  Axis I, Adjustment Disorder with Depressed Mood; Axis II, Deferred; and Axis III, None.  On 10 March 2005, 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 with having a an adjustment disorder and depressed mood, and he was awol until apprehension), with a general, under honorable conditions 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.  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.

      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 he submitted, the analyst recommends that relief be denied in this case. The applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable.   

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 18 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 1    No change 4   - Character
		 			      Change 0    No change 5   - 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. 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: 31 July 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060010379

Applicant Name:  Mr.        
______________________________________________________________________


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