Application Receipt Date: 2006/09/22	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: See attached DD 293.  

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: 2003/12/12   
Chapter: 5 Para 5-17    AR: 635-200
Reason: Physical Condition Not a Disability
RE:     SPD: JFV
Unit/Location: E Btry 3rd Bn 43rd ADA 11th Bde Fort Bliss TX 79916 

Time Lost: None

Article 15s (Charges/Dates/Punishment): NIF 

Court-Martials (Charges/Dates/Punishment): N/A

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
DOB:  83/09/15  
Current ENL Date: 2002/06/10    Current ENL Term: 4 Years  ?????
Current ENL Service: 01 Yrs, 06Mos, 03Days ?????
Total Service:  01 Yrs, 06Mos, 03Days ?????
Previous Discharges: None
Highest Grade: PV2
Performance Ratings Available: Yes    No 
MOS: 63S10 Hvy Wheeled Veh Mech   GT: 108   EDU: HS Grad   Overseas: None   Combat: None Listed (Applicant claims he deployed in support of Operation Iraqi Freedom which he further claims he received a ACM for)  An ACM is listed on his DD 214; however, the analyst is unable to determine if the ACM is from his deployment to OIF.
Decorations/Awards: ACM, NDSM, 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:
      The specific facts and circumstances leading to the applicant’s discharge from the Regular Army are not part of the available records.  However, the record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant’s signature.  His DD Form 214 indicates that he was discharged under the provisions of Chapter 5-17, AR 635-200 by reason of physical condition, not a disability, with a general, under honorable conditions discharge.  The evidence of record further shows that on 09 December 2003, Orders 343-0020, DA, HQ, US Army Air Defense Artillery Center, Fort Bliss, Texas, discharged the applicant from the Regular Army effective date: 12 December 2003.    

      b.  Legal Basis for Separation:  
      Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which 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 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.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in his/her service that warrant such characterization.?????

      c.  Response to Issues, Recommendation and Rationale:  
      After a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of specific facts and circumstances which led to the applicant’s discharge from the Army.  The applicant’s DD Form 214 indicates that he was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200 by reason of physical condition, not a disability, with service as general under honorable conditions.  With this type of discharge, regulations require that a physical condition interfere with the soldiers’ ability to perform duty, and that the diagnosis be so severe that the soldier’s ability to function in the military environment is significantly impaired.  Given the above requirement, the applicant would have been diagnosed by competent medical authority with a physical condition which severely impaired his ability to function and been recommended for administrative separation.  In the absence of evidence to the contrary, the analyst was compelled to presume administrative regularity in the discharge process.  A fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  Without additional information, the analyst recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable. 
      
      
      
      
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 07 November 2007              
Location: Washington DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: None




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 5   - Character
		 			      Change ?????    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 and voted to deny relief.  

Case report reviewed and verified by: Earl Silver, 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: 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: 9 November 2007
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20060013552

Applicant Name:  Mr.        
______________________________________________________________________


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