Applicant Name: 

Application Receipt Date: 070821	

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: 060320
Discharge Received:     Date: 060415   
Chapter: 5    AR: 635-200
Reason: Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: HHB, 5-7 ADA, APO AE 09165 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8409  
HOR City, State: Willseyville, NY
Current ENL Date: 040122    Current ENL Term: 4 Years  ?????
Current ENL Service: 02  Yrs, 02 Mos, 24 Days ?????
Total Service:  02  Yrs, 02 Mos, 24 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 25Q10 Multichannel Transmission System Operator/Maintainer   GT: 122   EDU: NIF   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 9 December 2005, the applicant was evaluated by competent medical authority and diagnosed with Dysthymic Disorder (Depressive Neurosis).  The applicant's feelings of depression has adversely affected his ability to perform his duties and has led to some self-destructive impulses, and was recommended for separation action under provisions of Chapter 5-17, AR 635-200.  On 20 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, Other Designated Physical Or Mental Conditions, by reason of a physical condition, not a disability (dysthymic disorder), and was previously diagnosed with a personality disorder, both which affected his ability to perform military duties, with an honorable 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 31 March 2006, the separation authority waived further rehabilitative efforts and 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 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that 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 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 during the period of enlistment under review, the issues and document he submitted, the analyst determined that the characterization of service is 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.  Further, the analyst noted that the applicant's record contained no derogatory information to warrant the characterization of service granted.  In view of the foregoing, the analyst recommends to the Board 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 fully supported by the record and therefore, remains both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 28 August 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: 	       	Proper	 	Improper	
						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 too harsh and as a result it is inequitable, based on the medical circumstances surrounding the discharge (i.e., was previously diagnosed with a personality disorder and a dysthymic disorder, both which affected his ability to perform military duties).  Accordingly, the Board voted to grant partial relief by changing 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: None
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: None

XI.  Certification Signature and Date
Approval Authority: 

EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 9 September 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070011748
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