Applicant Name:  ?????

Application Receipt Date: 2008/03/07	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The circumstances leading up to my discharge are very much in need of review. From March 2005 till July 2005 I was attending the Non-Commissioned officer Professional Developement Course. (I also Re-Enlisted PDA until 2009 During that time) After completed both courses I returned to my unit to find out that my new Platoon Sergeant had basically turned my entire Platoon against me. And had slandered my name with the New Battalion Leadership. I had very good reason to believe that he was going to start a Paper Trail with the intention of destroying my carreer. He ordered the NCO's Not to include me in the information flow, left me out of Platoon Meetings and told the soldiers that they didnt have to listen to me (Because I wouldnt be around long!). After a couple of weeks I realized I was being left out when I came to work in the wrong uniform and at the wrong time because no one was telling me what was going on. And when I actively tried to find out what was going on I was told "Not to worry about it because it didnt affect me!" I felt so helpless I attempted to let my Chain of Command know what I was seeing. My First Sergeant and Commander allowed this to go on for weeks before the stress finally began showing itself physically in my sleep patterns and I began having Panic attacks. So I referred Myself to Mental Health. The Mental Health Proffessional Refused to believe what I was saying. And convinced me that maybe I had a Bi-Polar Disorder and Gave me Medication (Olanzapine) which if you dont know will make someone that is NOT Bipolar Suffer even more Powerful Episodes of Anxiety and Emotional breakdowns. After the Meds made me over-sleep I was counseled, After my panic went through the roof after being on the Meds for a while. My Platoon Sergeant began trying anything he could to get me to snap. It was then recommeded that I not be trusted with my own weapon! I had not threatened anyone.  After several attempts to embarass me in front of my soldiers he actually made the statement "I own you Sgt Sharp! And im going to destroy you!" I filed an IG complaint with the Ft. Bragg, 82nd Inspector General. And nothing happened.  Ultimately I was discharged by the Mental Health Professional "For the Good of the Army!"  I did not want out of the Army I fought my discharge till the last day. And was actually Blackmailed out of my Chapter Board by the Battalion Commander when he held my Seperation Pay over my head. Saying he would have me discharged within a week if I tried to request a board!   I have actually attempted to re-enter active duty but was shown up by the Recruiter after she found out that my Veterans Affairs Disability was approved. None of my disabilities caused my discharge. 
There is alot more we need to discuss however. I can not include everything here.

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: 051109
Discharge Received: 			   Date: 060315   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: Headquarters & Service Battery, 1st Bn, 319th Airborne Field Artillery Regiment, Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050901, fail to go at the time prescribed (050903), disrespectful language to a commissioned officer (050725), disobeyed a lawful order X2 (050726); forfeiture of $480 per month for one month, restriction and extra duty for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 050614    Current ENL Term: 4 Years  ?????
Current ENL Service: 	00 Yrs, 08Mos, 09Days ?????
Total Service:  		05 Yrs, 08Mos, 09Days ?????
Previous Discharges: 	RA 000119-050613/HD
Highest Grade: E-5		Performance Ratings Available: Yes    No 
MOS: 13F2P 5W/Fire Support Specialist   GT: 109   EDU: HS Grad   Overseas: None   Combat: Iraq (030814-031015) & Afghanistan (020707-030114)
Decorations/Awards: ARCOM, AAMx3, AGCM, NDSM, GWOTSM, ASR, ACM, ICM 

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

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the applicant was diagnosed with a mood disorder not otherwise specified.  On 9 November 2005, 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 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.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a honorable discharge.  On 30 November 2005, the separation authority directed that the applicant be discharged with a characterization of service 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 a mood disorder not otherwise specified .  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 an honorable characterization of service.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3”  and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Therefore, 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: 19 December 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
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 discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)
								         EDGAR J. YANGER			 
								         Colonel, U.S. Army
X.  Board Action Directed					         President, Army Discharge Review Board
Issue a new DD Form 214  					
Change Characterization to: 			         
Change Reason to: No Change
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080004017
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