Applicant Name:  ?????

Application Receipt Date: 080610	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See enclosed DD Form 293 and 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: 060923
Discharge Received: 			   Date: 061026   Chapter: 5-17       AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: C Co, 82nd BDE Support Bn, 505th Parachute INF Regiment, 82nd Airborne Div, COB Speicher, Iraq 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 060918 wrongfully communicate a threat to kill his squad leader, reduction to E-2; forfeiture of $764 pay per month for two months,  suspended; extra duty for 45 days and oral reprimand (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 040805    Current ENL Term: 4 Years  ?????
Current ENL Service: 	2 Yrs, 2Mos, 26Days ?????
Total Service:  		8 Yrs, 2Mos, 26Days ?????
Previous Discharges: 	USMC 910710-970709/HD
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 63X1P Mental Health Special   GT: 114   EDU: HS Grad   Overseas: Iraq   Combat: Iraq (060805-061016)
Decorations/Awards: MUC, MCGCM, NDSM, GWOTSM, ASR, NSSDR, MM

V.  Post-Discharge Activity
City, State:  Jacksonville, FL
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 an adjustment disorder not otherwise specified.  On 23 September 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 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 general, under honorable conditions discharge.  On 28 September 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 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 an adjustment disorder with disturbance of conduct.  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 a general, under honorable conditions discharge.  The applicant was advised that he could request a copy of the entire separation packet that included numerous counseling statements, a field grade Article 15 (060918) and the mental evaluation, these documents provided the basis for the general, under honorable conditions discharge.  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, the analyst noted the applicant’s issue, however, separation documents attached to the notification letter provided the specific factors that were the basis for the general under honorable conditions discharge being recommended by the unit commander and that were available to the applicant.  In view of the foregoing, 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: 090318         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 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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080009273
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