Applicant Name: ?????

Application Receipt Date: 07/10/02	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and 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: 070321 
Discharge Received:     Date: 070413   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: B Btry, 3rd Bn, 320th Field Artillery Reg, Fort Campbell, KY 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060621, with intent to deceive made a false official statement to a commissioned officer (060527) and willfully disobeyed a lawful order from a noncommissioned officer (060526), reduction to E2, forfeiture of $356.00, and extra duty for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  8701  
HOR City, State: Bluesprings, MS
Current ENL Date: 040809    Current ENL Term: 3 Years  and 16 weeks
Current ENL Service: 02 Yrs, 08Mos, 05Days ?????
Total Service:  02 Yrs, 08Mos, 05Days ?????
Previous Discharges: None
Highest Grade: E4
Performance Ratings Available: Yes    No 
MOS: 13D Field Artillery Auto.   GT: 86   EDU: HS Grad   Overseas: Kuwait   Combat: Kuwait/Iraq (050918-060910)
Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, OSR.

V.  Post-Discharge Activity
Post Service Accomplishments: Not Listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      The evidence of record shows that the applicant was diagnosed with an adjustment disorder with disturbance of conduct (070130).  On 21 March 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 physical condition, not a disability for being mentally unstable, with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant was informed that he may obtain copies of the documentation that would be sent to the separation authority supporting the proposed separation.  The applicant waived his right to consult 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.  On 1 April 2007, the separation authority 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 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 issue he submitted, the analyst recommends that relief be denied in this case.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with disturbance of conduct.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge.  The applicant was advised that he could request a copy of the entire separation packet that included numerous negative counseling statements, a company grade Article 15 (060621) and the mental evaluation, these documents provided the basis for the general, under honorable conditions discharge.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, the analyst noted the applicant’s issue, however, separation documents attached to the notification letter provided the specific factors that were the basis for the general under honorable conditions discharge being recommended by the unit commander and that were available to the applicant.  In view of the foregoing, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.

VII.  Summary of Army Discharge Review Board Hearing 

Type of Hearing: 			Date: 15 August 2008              
Location: Washinton, 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 4    No change 1   - 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 based on the applicant’s length and quality of his service to include his combat 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.  

								        
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: ?????

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 21 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070013571
______________________________________________________________________


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