Applicant Name:  ?????

Application Receipt Date: 2008/04/04	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant stated "I believe that I was discharged from the military under a false pretense. Throughout my service in the military I was told many times to go to my superior if ever I had any problems or issues.  When I did go to my superiors, and told them the truth of my situation, my thoughts and feelings etc., I was finally brought to El Paso Texas and placed for a week in a mental institution as if I was a danger to myself or anyone else!  I was never given a chance to explain myself to my superiors about why I came to them; also never given a chance to go back to my regular duties once I was cleared by a medical professional that I was not a danger to myself or anyone else.  I was ready to go back to my duties and continue my military career when it was explained to me that I was going to be given an entry level discharge and will not be able to pursue my military goals.  I want to continue government service, but this is not possible without an honorable discharge from military service.  I feel that I was discharged unfairly, and not given an opportunity to continue my military career even though, all I did in the first place was tell the truth to my superiors which was what I was told was how to be a good Soldier.  I feel I could have been a tremendous asset to the army, and would like to have my reason for discharge upgraded as a result of a wrongful termination."

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: 061024
Discharge Received: 			   Date: 061115   Chapter: 5-17      AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location:  Co B, 305th MI Bn, Fort Huachuca, AZ 

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:  21
Current ENL Date: 060516    Current ENL Term: 5 Years  18 Weeks
Current ENL Service: 	00 Yrs, 06Mos, 00Days ?????
Total Service:  		00 Yrs, 06Mos, 00Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 33W10 Military Intel System Maintainer/Intgr   GT: 115   EDU: 15 Years   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  North Hollywood, CA
Post Service Accomplishments: None Listed 



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
             Evidence of record shows that on 15 September 2006, the applicant was evaluated by competent medical authority and diagnosed with an adjustment disorder with depressed mood and an anxiety disorder not otherwise specified.  The applicant has a long standing history of anxiety and panic attacks, his psychiatric issues are incompatible with continued active duty status and recommended that the applicant be expeditiously separated from contiued active military service under the provisions of Chapter 5, paragraph 5-17.  On 24 October 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, Other Designated Physical Or Mental Conditions, by reason of condition, not a disability, for an adjustment disorder with depressed mood and an anxiety disorder not otherwise specified.  His condition coupled with a lack of responsiveness to counseling and rehabilitation efforts warrant separation, with service uncharacterized.  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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with service uncharacterized.  On 2 November 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with service uncharacterized.  

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that 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 policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17.  

       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 issues and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of reords shows that the applicant has a mental status evaluation by competent medical authority diagnosing him with an adjustment disorder with depressed mood and an anxiety 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 conditions, with  service uncharacterized.  The applicant’s service was uncharacterized because he was in an entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  An honorable discharge is not authorized under ELS conditions.  Further, for Soldiers in an entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  Furthermore, the analyst noted the applicant's issue and found no evidence of arbitrary or capricious actions by the command.  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.  Finally, 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.  In view of the foregoing, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief.  
       
       
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 January 2009         Location: Washington, DC

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 not to change it.
        
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: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080005134
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