Applicant Name: ?????

Application Receipt Date: 070711	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and attached documents submitted by the applicant.  

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: 060602
Discharge Received:     Date: 060609   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: D Co, 264 Med Bn, Fort Sam Houston, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060516, failure to report on diver occasions (060209-060418), punishment received not part of the avail records; however, the separation documentation states he was a E-3 at the time of separation from the service.

051202, failure to report X 6 (050803, 050811, 050812, 050817, 051104 and 051104), reduction to E-3 (susp), forfeiture of $362 (susp), 14 days extra duty and restriction (CG).
 

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8402  
HOR City, State: Spring TX
Current ENL Date: 040428    Current ENL Term: 3 Years  ?????
Current ENL Service: 2 Yrs, 01Mos, 11Days ?????
Total Service:  05 Yrs, 00Mos, 09Days ?????
Previous Discharges: RA 010531-040428/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 62B10 Construct Equip Rep   GT: 107   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM,

V.  Post-Discharge Activity
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
The evidence of record shows that the applicant was diagnosed with depressive disorder NOS, Alcohol Abuse, r/o Bipolar and an Anitisocial Personality Disorder.  On 2 June 2006, the unit commander notified the applicant of initiation of separation action 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.  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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  On 5 June 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 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 for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an general under honorable conditions discharge of service.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3”  and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Furthermore, the record does not support the applicant’s contention that he suffers from Post Traumatic Stress symptoms’ and no evidence to support it has been submitted by the applicant, that his discharge was the result of any medical condition.  In addition there is no evidence that the command unfairly treated the applicant throughout the discharge process.  Therefore, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 080723              
Location: Washington DC 

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: None 

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 2    No change 3   - 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 and voted to deny relief.  

								        
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: 080725
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009642
______________________________________________________________________


Page 1 of 4 pages