Application Receipt Date: 080418
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached douments 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: 071203
Discharge Received: Date: 080208
Chapter: 5-17 AR: 635-200
Reason: Condition, Not A Disability
RE: SPD: JFV
Unit/Location: HHC, V Corps, APO AE 09102
Time Lost: None
Article 15s (Charges/Dates/Punishment): 071115, physically control a vehicle, a passenger car while drunk (071020), resisted being apprehended by military police officers, authorized to apprehend him (071020), failure to report x 4 (070925), (070924), (070919), and (070905), reduction to E-2 and forfeiture of $729 (FG).
Court-Martials (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
DOB: 830315
Current ENL Date: 060718 Current ENL Term: 3 Years ?????
Current ENL Service: 01 Yrs, 06 Mos, 21 Days ?????
Total Service: 04 Yrs, 00 Mos, 09 Days ?????
Previous Discharges: ARNG-040130-04040308/NA
ADT-040309-040625/NA
ARNG-040626-041212/NA
AD-041213-060608/HD
ARNG-060609-060717/HD
(Concurrent Service)
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 11B10 Infantryman GT: NIF EDU: GED Cert Overseas: Germany/Southwest Asia Combat: Kuwait/Iraq (050515-060427) and Kuwait/Iraq (060920-061212)
Decorations/Awards: ARCOM, JSAM, AGCM, NDSM-2, ICM-2, GWOTSM, AFRM w/"M" DEV, ASR, OSR-2, ARCOTR, CIB, JMUA
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 5 November 2007, the applicant was evaluated by competent medical authority and diagnosed with Depression NOS; Post Traumatic Stress Disorder, features of Explosive Personality Disorder, and recommended processing for expeditious administrative separation in accordance with Chapter 5-17, AR 635-200. On 5 December 2007, 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 a physical condition, not a disability for being diagnosed with post traumatic stress disorder (PTSD), major depression, alcohol abuse, and personality disorder not otherwise specified (NOS). These conditions are not amenable to hospitalization, treatment, rehabilitative transfer, disciplinary action, training or reclassification into another type of duty in the military. Further, it is unlikely that efforts to rehabilitate him into a satisfactory member of the military will be unsuccessful, with a general, under honorable conditions discharge. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 a general, under honorable conditions discharge. On 27 December 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
The applicant's record contains two Military Police Report dated 20 October 2007.
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 Soldiers 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 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 applicants military records during the period of enlistment under review, the issues and document he submitted, the analyst determined that the characterization of service is improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his service record that warrants such a characterization, using the notification procedure. In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. However, the analyst determined that the reason for discharge was both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 11 June 2008
Location: Washington, 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 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 applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the characterization of service is improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it.
Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: None
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 12 June 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080005989
Applicant Name:
______________________________________________________________________
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