Application Receipt Date: 060811	

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: 050815
Discharge Received:     Date: 051004   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: 864th Combat Engineer Battalion (Rear), 555th Maneuver Enhancement Brigade (Provisional), Fort Lewis, WA 98433  

Time Lost: None

Article 15s (Charges/Dates/Punishment): The applicant mention on her DD Form 293 that she received an Article 15 in January 2004, however, that document is not in the file.   

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  840212  
Current ENL Date: 030321    Current ENL Term: 4 Years  ?????
Current ENL Service: 02  Yrs, 06 Mos, 14 Days ?????
Total Service:  02  Yrs, 06 Mos, 14 Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 92A10 Automated Logistical Spec   GT: 111   EDU: HS Grad   Overseas: SouthWest Asia   Combat: Kuwait/Iraq (031021-040221)
Decorations/Awards: NDSM, ICM, GWOTSM, ASR, OSB
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 on 19 May 2005,  the applicant was diagnosed with a disorder of Axis I: 311.00 Depressive Disorder, Not Otherwise Specified; Axis II: 301.19 Personality Order, Not Otherwise Specified (Primary Diagnosis).  On 15 September 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, by reason of other designated physical or mental conditions (diagnosed by a Psychiatrist with a Depressive Disorder, Not Otherwise Specified ), with a general, under honorable conditions characterization of service.  She was advised of her rights.  The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service.  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 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 for the period of enlistment under review, the issue and documents she submitted, the unit commander initiated action to separate the applicant under the provisions of Chapter 5, paragraph 5-13, AR 635-200, by reason of a personality disorder.  On 15 September 2005, the  applicant was counseled to inform her that the initial separation action under Chapter 5-13, with an honorable characterization of service was changed,  and that she would now be processed for separation under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental conditions, with a characterization of service of general, under honorable conditions.  The company first sergeant stated that in AR 635-200, page 54, Chapter 5-17, paragraph A, number 8  that Soldiers can be processed under this chapter when disorders maifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is impaired.  The company first sergeant further stated given that and the misconduct she has shown within the past week as well as throughout her military career, the chain of command feels that Chapter 5-17 more accurately fits her condition with a general characterization of service, and recommends that she be processed under this administrative discharge based on the Mental Status Evaluation diagnosing her with a depressive disorder.  While the applicant's misconduct is not condoned, the analyst concluded that the discharge was improper.  The applicant was diagnosed by competent medical authority with an Axis II: 301.19 Personality Order, Not Otherwise Specified (Primary Diagnosis).  The analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable, and change to the narraitive reason for discharge to ” Personality Disorder."  The analyst further recommends that item 25 on the DD Form 214, Separation Authority be changed to read "AR 635-200, paragraph 5-13," with a corrresponding (SPD) code of "JFX."
      
      
      
      
      
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 August 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 4    No change 1   - 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 characterization of service was too harsh, and as a result it is inequitable.  The Board found that the length of the applicant's service; to include her combat service, and the circumstances surrounding the discharge mitigated the discrediting entry in her service record.   Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the 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: 


CHRISTINE U. MARTINSON				DATE: 10 September 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060011622

Applicant Name:  Mrs.        
______________________________________________________________________


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