Application Receipt Date: 060915
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See applicant's attached DD Form 293 and supporting 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: 060304
Discharge Received: Date: 060412
Chapter: 5-17 AR: 635-200
Reason: Condition, Not a Disability
RE: SPD: JFV
Unit/Location: A Company, 2d Battalion, 6th Infantry Regiment, 2d Brigade (REAR), 1st Armored Division, Baumholder, Germany, APO AE 09034
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: 851021
Current ENL Date: 040920 Current ENL Term: 03 Years 18 Weeks
Current ENL Service: 01 Yrs, 06Mos, 23Days ?????
Total Service: 01 Yrs, 06Mos, 23Days ?????
Previous Discharges: None
Highest Grade: E3
Performance Ratings Available: Yes No
MOS: 11B10 (Infantryman) GT: 108 EDU: NIF Overseas: Germany Combat: None
Decorations/Awards: NDSM, GWOTSM, 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 on 14 February 2006, the applicant was diagnosed with a disorder of Axis I: Dysthymia. On 4 March 2006, 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 designated physical or mental conditions (diagnosed by a psychiatrist with a depressive disorder, not otherwise specified and recurrent occupational problem), 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 submitted a statement in his 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. On 26 March 2006, 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 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 during the period of enlistment under review, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge. Army Regulation 635-200, Chapter 5 states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure. In view of the foregoing, the characterization of service was improper. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 24 October 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 5 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 characterization of service was improper. Accordingly, the Board voted to grant 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: Eric S. Moore, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 2 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20060013204
Applicant Name: Mr.
______________________________________________________________________
Page 5 of 5 pages
ARMY | DRB | CY2008 | AR20080005977
Soldiers separated under this chapter may be awarded an honorable discharge unless an entry level status separation is required under chapter 3, section II. The analyst determined that no such unusual circumstances were present in the applicants record and her service did not warrant an honorable discharge. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: NA RE Code: Grade Restoration: No...
ARMY | DRB | CY2008 | AR20080004813
Facts and Circumstances: The evidence of record shows that on 21 November 2007 the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-8, AR 635-200, by reason of failure to maintain an adequate family care plan with a general, under honorable conditions discharge. Board Discussion, Determination, and Recommendation After carefully examining the applicants record of service during the period of enlistment under review and considering...
ARMY | DRB | CY2006 | AR20060015411
On 14 August 2006, the applicant consulted with legal counsel and voluntarily requested, in writing, discharge under the provisions of Chapter 10, AR 635-200 in lieu of trial by court-martial. On 30 August 2006, the separation authority approved the discharge with an under other than honorable conditions discharge. It is also noted that the characterization of service for this type of discharge is normally under other than honorable conditions and that the applicant was aware of that prior...
ARMY | DRB | CY2006 | AR20060009445
The applicant consulted with legal counsel, was advised of the impact of the discharge action, requested consideration of his case by an Administrative Separation Board, and did not submit a statement in his own behalf. 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 characterization of service...
ARMY | BCMR | CY2011 | AR20110009902
Applicant Name: ????? On 8 May 2009, the separation authority waived further rehabilitation and directed the applicants discharge with a characterization of service of general, under honorable conditions. The analyst noted that the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(2), AR 635-200, by reason of misconduct (drug abuse), with a general, under honorable conditions characterization of service.
ARMY | DRB | CY2009 | AR20090008837
Applicant Name: ????? 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 applicant was not properly notified as to the reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. Board Action Directed President, Army Discharge Review Board Issue a new DD Form...
ARMY | DRB | CY2006 | AR20060000255C080324
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 intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were:...
ARMY | DRB | CY2007 | AR20070013569
Facts and Circumstances: The evidence of record shows that on 21 March 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for failure to meet the minimum Armys Physical Fitness Standards (APFT) required to complete basic training due to lack of motivation and low aptitude, with an uncharacterized discharge. On 21 March 2001, the separation authority waived...
ARMY | DRB | CY2006 | AR20060009763
The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The analyst noted that the unit commander used Board Procedures when notifying the applicant that he was initiating action to separate him under the provisions of Chapter 14, AR 635-200, by reason of misconduct. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army...
ARMY | DRB | CY2007 | AR20070012352
The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in his own behalf. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general under honorable conditions discharge. On 5 Oct 2005, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general under honorable...