Application Receipt Date: 2008/03/03	

Prior Review    Prior Review Date: None

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

Issues: See DD Form 293 and documents provided 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: 060818
Discharge Received:     Date: 060906   
Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability
RE:     SPD: JFV
Unit/Location: HHC, 1-504th PIR, Fort Bragg, NC 

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
DOB:  710322  
Current ENL Date: 050714    Current ENL Term: 4 Years  ?????
Current ENL Service: 01 Yrs, 01Mos, 23Days ?????
Total Service:  10 Yrs, 01Mos, 05Days ?????
Previous Discharges: USN 910619-941117/HD
                                      ARNG 960912-990911/HD
                                      RA 030102-050713/HD
Highest Grade: E-5
Performance Ratings Available: Yes    No 
MOS: 91W2P/Health Care Spc   GT: 129   EDU: HS Grad   Overseas: Italy, Afghanistan   Combat: Afghanistan (050224-060218)
Decorations/Awards: ARCOM w/V Device, ARCOM, AAM-4, GCM-2, ARCAM, NDSM-2, AFGH CM, GWOTSM, ASR, OSR-2, CMB, PB
V.  Post-Discharge Activity
Home of Record: 
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

      a.  Facts and Circumstances:
      Evidence of record shows that on 17 August 2006, the applicant was diagnosed with an adjustment disorder with mixed emotions and conduct, with post traumatic stress disorder, with narcissistic traits.  On 18 August 2006, 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's election of rights is not contained in the available, however, he had over 6 years of active service and was entitled to an Administrative Separation Board, he 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 21 August 2006, 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 during the period of enlistment under review, the issue and medical and other documents he submitted, the analyst determined that the characterization of service is improper.  Army Regulation 635-200 states that a soldier being separated under this paragraph will be awarded a characterization of service of honorable unless the soldier is properly notified as to the reasons why he is not to be awarded a fully honorable discharge.  The analyst determined that the applicant was not properly notified of the specific factors in his service that would warrant such characterization.  Furthermore, the applicant’s record lacks any incidents of misconduct during the period under review.  Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable.  However, the analyst found 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: 5 May 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.  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. 


















Case report reviewed and verified by: Al Champin, Examiner									        
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: 29 April 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080003462

Applicant Name:  
______________________________________________________________________


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