Applicant Name: ?????
Application Receipt Date: 2008/07/01 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: 040609
Discharge Received: Date: 040628 Chapter: 5-17 AR: 635-200
Reason: Physical Condition, Not A Disability RE: SPD: JFV Unit/Location: HHB, 1-1 ADA Bn, Fort Bliss, TX
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 011030 Current ENL Term: 6 Years ?????
Current ENL Service: 02 Yrs, 07Mos, 29Days ?????
Total Service: 02 Yrs, 07Mos, 29Days ?????
Previous Discharges: None
Highest Grade: E-4 Performance Ratings Available: Yes No
MOS: 31R10 Multi-Channel Transmission System Operator/Maintainer GT: 120 EDU: HS Grad Overseas: Southwest Asia Combat: Kuwait (030406-040405)
Decorations/Awards: ARCOM, NDSM, GWOTEM, ASR
V. Post-Discharge Activity
City, State: El Paso, TX
Post Service Accomplishments: None Listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
Evidence of record shows that on 24 May 2004, the applicant was evaluated by competent medical authority and diagnosed with a mood disorder not otherwise specified (NOS), rule out cyclothymia. On 9 June 2004, 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 medical diagnosis that determined a longstanding disorder of character, behavior and adaptability of such severity as to preclude adequate military service, and rehabilitative efforts are unlikely to be successful, with a honorable discharge. He was advised of his rights. The applicant's election of rights is not contained in the available record and the analyst presumed Government regularity in the discharge process. 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 honorable discharge. On 16 June 2004, the separation authority waived further rehabilitative efforts and 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 soldiers 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 record 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 documents 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: 10 April 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 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. 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. 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.
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: No Change
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080010902
______________________________________________________________________________
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