Applicant Name: ?????

Application Receipt Date: 070716	

Prior Review    Prior Review Date: None

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

Issues: The applicant states, in effect, that Under the provisions of AR 635-200, he was only to receive a General under Honorable Conditions discharge if he had been convicted of an offense by a general courts-martial or more than one special courts-martial during my enlistment period. He was never convicted under either circumstance, only given Article 15s for disciplinary reasons not pertaining to either the reason for initiation or completion of my medical chapter. While he did receive two Article 15s, one was a summarized and the other a company grade, he do not  feel missing two formations is worth ruining the rest of hs life over with a discharge that has thus far prevented him from being hired into any job he has persued as well as preventing him from re-enlisting in the military. His chapter was given at the recommendation of a physician due to his poor mental health and stability, as well as the physician's doubt that he could be successfully rehabilitated while serving on active duty.  He believe the nature of his discharge should have been dependant on that, not on the two Article 15s that he was given. He served honorably as a infantry paratrooper in the 82nd Airborne. As someone who nearly died of a heat stroke after crossing the finish line of the Expert Infantryman's Badge foot march test, he thinks his dedication to duty was and is unwavering. Please, take into account both the honorable nature of his service and that he was given an incorrect nature of discharge.

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: 060511
Discharge Received:     Date: 060630   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: E Company, 407th Brigade Support Battalion, 82nd Airborne Division, Fort Bragg, NC 28310. 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060329, Failed to go to his appointed place of duty x 2, (060209); (060113) and dereliction of duty, in that he failed to get a haircut (060127) restriction and extra duty for 14 days (CG).

060518, Failed to go to his appointed place of duty x 2, (060516), (060407) and disobeyed a lawful command from a CPT (060511), reduction to E-3, forfeiture of $407.00 pay for one month, extra duty and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  841210  
HOR City, State: Scottville, MI 49454-0000
Current ENL Date: 030609    Current ENL Term: 6 Years  ?????
Current ENL Service: 3 Yrs, 0 Mos, 22 Days ?????
Total Service:  3 Yrs, 0 Mos, 22 Days ?????
Previous Discharges: None
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 11B1P Infantryman   GT: 116   EDU: HS Grad   Overseas: Southwest Asia   Combat: Afghanistan (050716-051101)
Decorations/Awards: NDSM, ACMDL, GWOTSM, ASR, CIB, EIB,

V.  Post-Discharge Activity
Post Service Accomplishments: None

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 23 February 2006, the applicant was evaluated by Community Mental Health Services (CMHS) and diagnosed with an Axis I: Adjustment disorder with mixed disturbance of emotions and conduct; Axis II: Personality disorder NOS currently manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that his ability to effectively perform military duties was significantly impaired.  The CMHS recommended that the applicant be separated under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of physical condition, not a disability.  On 11 May 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 a 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 and waiver 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 13 June 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with 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, 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 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 and the issue he submitted, the analyst determined that the characterization of service was improper.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, 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 service record that warrants such a characterization, using the notification procedure.  In view of the aforementioned, the analyst recommends to the Board that relief be granted in the form of an upgrade of the characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was both proper and equitable.  
      
      
      
      
      
      
      
      
      

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 2 July 2008              
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 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 improper.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, 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 service record that warrants such a characterization, using the notification procedure.  In view of the aforementioned, 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.  




















								        
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: 15 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070009928
______________________________________________________________________


Page 1 of 6 pages