Applicant Name:  ?????

Application Receipt Date: 2007/11/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that his discharge was inequitable because it was based on one isolated incident at the end of his enlistment.  Other than the said reason he had very good honorable 51 months of service.  He now suffers from various mental illnesses from his time in the service.  It was not in his hands to let him go and he was an outstanding soldier.  He is currently working with the VA on aid for his problems and feels an honorable discharge will make things easier with them.  Also an HD will allow him to use the MGIB for college so he may get a better education.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: Not in file (NIF)
Discharge Received: 			   Date: 061110   Chapter: 5-17     AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: Rear Det, 1-501 IN Bn, Fort Richardson, AK 

Time Lost: None

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

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 041215    Current ENL Term: 4 Years  ?????
Current ENL Service: 	01 Yrs, 10Mos, 25Days ?????
Total Service:  		04 Yrs, 04Mos, 29Days ?????
Previous Discharges: 	RA 020612-041214/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 11B1P/Infantryman   GT: 112   EDU: HS Grad   Overseas: Alaska, SWA   Combat: Afghanistan (031001-040815)
Decorations/Awards: AAM-2, GCM, NDSM, AFGH CM, GWOTSM, ASR, CIB

V.  Post-Discharge Activity
City, State:  Fairview, MI
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The facts and circumstances pertaining to the applicant’s discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of physical condition, not a disability with a characterization of service of general, under honorable conditions.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., condition, not a disablity).  

       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 available records for the period of enlistment under review and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army; however the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and the analyst presumed Government regularity in the discharge process.  The DD Form 214 indicates that the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with a general under honorable conditions discharge and a reentry eligibility (RE) code of "3."   Furthermore, the analyst noted the applicant’s issue that a single and isolated incident caused his discharge, there are times that even though a single incident, the discrediting entry constitutes a departure from the standards of conduct expected of soldiers in the Army.  The applicable Army regulation states that there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization.  This single incident of misconduct that the applicant refers to is not in his service record.  If the applicant has a copy of the documentation that shows the specifics for which he was discharged he should arrange for a personal appearance and bring those documents to the Board.  Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.  In view of the foregoing, the analyst recommends to the Board that the reason for discharge and the characterization of service are both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 October 2008         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: NA











VIII.  Board Discussion, Determination, and Recommendation
The applicant’s record is void of facts and circumstances concerning events that led to a discharge from the Army.  The Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant.  This document identifies the reason and characterization of the discharge and the Board presumed government regularity in the discharge process.  The Board, being convinced that the reason for discharge and the characterization of service were proper and equitable, voted to deny relief.

        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 2    No change 3
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
								         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: NA
Other: NA										
RE Code: 									 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20070017582
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