Applicant Name: ?????

Application Receipt Date: 070829	

Prior Review    Prior Review Date: None

I.  Applicant Request
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?  
Yes    No        Tender Offer:   ?????

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Original Character of Discharge
Unit CDR Recommended Discharge:    Date: 960722
Discharge Received:     Date: 960813   
Chapter: 5    AR: 635-200
Reason: Condition, Not A Disability
RE:     SPD: JFV
Unit/Location: B Btry, 1-43 ADA, APO AP 96275 

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:  7512  
HOR City, State: Beaumont, MS
Current ENL Date: 940610    Current ENL Term: 3 Years  ?????
Current ENL Service: 02  Yrs, 02 Mos, 04Days ?????
Total Service:  02  Yrs, 02 Mos, 04 Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 16T10 Patroit Missle Crewmember   GT: 89   EDU: 12 Years   Overseas: Korea   Combat: None
Decorations/Awards: NDSM, 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 18 June 1996, the applicant was evaluated by competent medical authority and diagnosed with an adjustment disorder with anxiety and depression.  On 22 July 1996, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, Paragraph 5-18, personality disorder, by reason of his present adjustment to military service reflects a life long pattern of recurrent and immature behavior, as well an an inability to relate effectively with others with, an honorable discharge.  He was advised of his rights.  The applicant waived 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 an honorable discharge. On 22 July 1996, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of honorable. 
      
      The analyst noted that the unit commander initiated separation action under the provisions of AR 635-200, Chapter 5, Paragraph 5-18,  by reason of personality disorder.  However, the separation authority approved the separation action under the provisions of AR 635-200, Chapter 5, Paragraph 5-18, other designated mental condition.  The evidence of record further shows that a DD Form 215 was issued with the aforementioned changes.   

      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 during the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge.  The analyst noted that the applicant was diagnosed by competent medical authority with an  adjustment disorder with anxiety and depression.  The unit commander appropriately initiated discharge proceedings under the provisions of AR 635-200, Chapter 5, Paragraph 5-18, by reason of personality disorder, with a characterization of service of honorable.  The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant's issue, however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of paragraph 5-18, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Physical Condition, Not A Disability" and the separation code is "JFV."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  In view of the foregoing, the analyst determined that the narrative reason for discharge was both proper and equitable and recommends to the Board that relief be denied.
      
      
      
      
      
      
      
      
      
      
      
      
      
       

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 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: 	       	Equitable	 	Inequitable	

DRB voting record:  		      Change 0    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 narrative reason for 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: None
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: 19 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070012270
______________________________________________________________________


Page 1 of 6 pages