Applicant Name: 

Application Receipt Date: 2008/06/25	

Prior Review    Prior Review Date: None

I.  Applicant Request
Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states that at the time of her service in the Army she wanted to talk to someone and a senior NCO said his door was open and they talked.  The next thing she knew is that she was being discharged because she had said that she was having a hard time.  She would like to have an HD to get closure with this chapter in her life.  She did not have any misconduct however, she would have served in Afghanistan or Iraq as the rest of her comrades did but was sent home instead due to her physical and mental stress.  She submitted a personal statement and 6 enclosures for the Board's consideration.

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: 040218
Discharge Received:     Date: 040513   
Chapter: 5-17    AR: 635-200
Reason: Other Designated Physical or Mental Condition
RE:     SPD: JFV
Unit/Location: B Co, 325th Fwd Spt Bn, Schofield Bks, HI 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Court-Martials (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Year/Month:  1980/08  
HOR City, State: La Mesa, CA
Current ENL Date: 020416    Current ENL Term: 4 Years  ?????
Current ENL Service: 02 Yrs, 00Mos, 28Days ?????
Total Service:  02 Yrs, 00Mos, 28Days ?????
Previous Discharges: None
Highest Grade: E-3
Performance Ratings Available: Yes    No 
MOS: 92A10/Automated Log Spc   GT: 86   EDU: HS Grad   Overseas: Hawaii   Combat: None
Decorations/Awards: NDSM, ASR, AGCM, GWOTSM, ASR, OSR

V.  Post-Discharge Activity
Post Service Accomplishments: Attended ICDC College, Dec 06 through Jun 07, medical office specialist program, letter of support is enclosed.

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 with depressed mood.  On 18 February 2004, 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 physical or mental condition, for having been diagnosed with an adjustment disorder with depressed mood, for numerous failures to report, for failure to pay debts, for her inability to obey a direct order, for lack of discipline, and for being insubordinate and disrespectful to a NCO, with a general, under honorable conditions discharge.  She was advised of her rights.  The applicant waived legal counsel, was advised of the impact of the discharge action, and submitted a statement in her 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.  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 and documents she 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 depressed mood.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in her service record that would warrant a general 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.  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: 13 August 2008              
Location: Washington, D.C.

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 0    No change 5   - Character
		 			      Change 0    No change 5   - Reason
					      (Board member names available upon request)

IX.  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.  

								        
X.  Board Action Directed
No Change 
Issue a new DD Form 214  
Change Characterization to:    
Change Reason to: NA
Other: NA
RE Code:  
Grade Restoration:   No   Yes  Grade: NA

XI.  Certification Signature and Date
Approval Authority: 

MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board

Official: 


CHRISTINE U. MARTINSON			DATE: 13 August 2008
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080010781
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