Applicant Name:  ?????

Application Receipt Date: 2008/05/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached documents submitted by the applicant.

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: 060119
Discharge Received: 			   Date: 060301   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: C Med Co, 115th BSB, 1st Cav Div, Fort Hood, TX 

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:  32
Current ENL Date: 040719    Current ENL Term: 04 Years  ?????
Current ENL Service: 	01 Yrs, 07Mos, 13Days ?????
Total Service:  		12 Yrs, 11Mos, 22Days Based on the NGB Form 22, DD Form 214, and enlistment contracts found in the applicants record, the applicant's Total Service should be 12 yrs, 11 mos, and 22 days, and not the 15 yrs, 05 mos, and 12 days shown on his DD Form 214 under review.
Previous Discharges: 	ARNG-900920-910612/NA
                                       ADT-910613-911108/HD
                                       ARNG-911109-920818/NA
                                       RA-920819-941014/GD
                                       USARCG-941015-980918/NA
                                       RA-010307-040718/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 91G10/Patient Admin Spec   GT: 85   EDU: HS Grad   Overseas: Germany (Prior Period of Service), Southwest Asia   Combat: Iraq (040313-050315)
Decorations/Awards: AAM, AGCM, NDSM-2, SWASM, GWOTEM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
City, State:  Wetmore, MI
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 Depressive Disorder NOS (Complicated Bereavement).  On 19 January 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 other designated mental or physical condition for being diagnosed with Depressive Disorder NOS (Complicated Bereavement) with a honorable discharge.  He was advised of his rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board, 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 10 February 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 for the period of enlistment under review, the issues and documents he submitted, the analyst determined that the characterization of service was 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.  The unit commander in his notification memorandum told the applicant he was being recommended for an honorable discharge due to his medical condition and the applicant waived legal counsel.  The record does not contain any UCMJ action or any negative counseling statement that would indicate that he committed any misconduct.  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: 18 March 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 applicant was not properly notified as to the reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. 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.  However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080007503
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