Applicant Name:
Application Receipt Date: 070810 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See enclosed DD Form 293 submitted by the Applicant
II. Were Proper Discharge and Separation Authority procedures followed?
Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Discharge Under Review
Unit CDR Recommended Discharge: Date: 070605
Discharge Received: Date: 070615 Chapter: 5-17 AR: 635-200
Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: D Co, 2nd BN 160th Special Operations Aviation Regiment (Airborne) Ft. Campbell, KY
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 20
Current ENL Date: 040525 Current ENL Term: 6 Years ?????
Current ENL Service: 3 Yrs, 00Mos, 21Days ?????
Total Service: 3 Yrs, 00Mos, 21Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 15U10 CH-47 Helicopter Rep GT: 108 EDU: HS Grad Overseas: Iraq Combat: Iraq (060808-061102)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR
V. Post-Discharge Activity
City, State: Covina, CA
Post Service Accomplishments: None
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that the applicant was diagnosed by competent medical authority with a disorder currently manifested by anxiety attacks, depression and anxious moods, unreliability in stressful situations, risk of harm to self or others and poor potential to adapt to the military environment. On 5 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, by reason of other designated physical or mental condition, which were: emotional control, behavioral problems and/or physical problems incompatible with military service, and recommended that he be discharged with a General, Under Honorable Conditions discharge. He was advised of his rights. The applicant did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. On 7 June 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a General, Under Honorable Conditions discharge.
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 soldiers 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 applicants military records, and the issue he submitted, the analyst found several mitigating factors that would merit a upgrade of the applicant's characterization of service to fully honorable. The analyst does not condone the applicants misconduct; however, the evidence in this case supports a conclusion that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length of the applicant's service to include his combat service and, the medical circumstances surrounding his discharge mitigated the discrediting entries in his service record. Accordingly, the analyst recommends that the applicants characterization of service be upgraded to fully honorable. However, the analyst determined 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: 080910 Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: NA
VIII. 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 too harsh based on the applicants length of his service to include his combat service and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was proper and equitable and voted not to change it
IX. Board Decision XI. Certification Signature
Board Vote: Approval Authority:
Character - Change 5 No change 0
Reason - Change 0 No change 5
(Board member names available upon request)
EDGAR J. YANGER
Issue a new DD Form 214 Colonel, U.S. Army
Change Characterization to: President, Army Discharge Review Board
Change Reason to:
Other: NA
RE Code:
Grade Restoration: No Yes Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070011069
______________________________________________________________________________
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