Applicant Name: ?????

Application Receipt Date: 2007/08/17	

Prior Review    Prior Review Date: None

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

Issues: The Applicant states that his discharge was based on a mental condition, not a disability.  After leaving the Army he received treatment from the VA and was diagnosed with PTSD and a major depression disorder which was directly related to his combat experience.  He provides documentation from the VA dated 19 Jul 07 which indicates he was awarded 100 percent disability for PTSD and major depression.

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: 050923
Discharge Received:     Date: 051005   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: HSC, 127th Aviation Spt Bn, Giessen, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050829, DWI (050514), reduction to E-1, forfeiture of $309 x 2, 45 days extra duty and restriction (FG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  7403  
HOR City, State: Miami, FL
Current ENL Date: 040708    Current ENL Term: 3 Years  ?????
Current ENL Service: 01 Yrs, 02Mos, 28Days ?????
Total Service:  03 Yrs, 04Mos, 21Days ?????
Previous Discharges: RA 020515-040707/HD
Highest Grade: E-4
Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Spc   GT: 108   EDU: HS Letter   Overseas: Germany, SWA   Combat: None in the file, however, the applicant states he served in combat
Decorations/Awards: ARCOM, ASR, OSR, GWOTSM, GWOTEM, AFPUC

V.  Post-Discharge Activity
Post Service Accomplishments: None listed.  VA documents indicate he is receiving treatment for PTSD and major depression, 100 percent disability was awarded.

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that on 29 June 2005, the applicant was diagnosed with a major depressive disorder and alcohol abuse.  On 23 September 2005, 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.  The separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.  The applicant was transferred to the U.S. Army Reserve Control Group.
      
      The record contains an MP report dated 14 May 2005.

      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 issues 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 grant relief in the form of an upgrade of the applicant's 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: 11 July 2008              
Location: Washington, D.C.

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 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. In view of the foregoing, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was 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: 11 July 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011419
______________________________________________________________________


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