Applicant Name:  ?????

Application Receipt Date: 2008/08/06	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and enclosed 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: 060208
Discharge Received: 			   Date: 060302   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: A Co, 1-320 FA Regt, Fort Campbell, KY 

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:  22
Current ENL Date: 020530    Current ENL Term: 4 Years  ?????
Current ENL Service: 	03 Yrs, 09Mos, 03Days ?????
Total Service:  		03 Yrs, 09Mos, 03Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13B/Cannon Crewmember   GT: 109   EDU: HS Equivalency Letter   Overseas: SWA   Combat: Iraq (030319-030731 and 051001-051006)
Decorations/Awards: ARCOM, GCM, GWOTSM, GWOTEM, ASR, ICM, OSR-2, AAB

V.  Post-Discharge Activity
City, State:  Tecumseh, OK
Post Service Accomplishments: Bone listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 January 2006, the applicant was diagnosed with major depression, mild adjustment disorder with anxiety and with kidney stones.  On 8 February 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 which affected his performance as a soldier with an honorable discharge.  He was advised of his rights.  The applicant waived his right to consult 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.  On 22 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 and 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 letter 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.  The medical statements contained in the record indicate that the applicant while deployed to Iraq for a second time made a suicide gesture by taking more than his prescribed medication.  He was evacuated to Landstuhl AMC and later to Walter Reed Medical Center where his previous diagnosis was revalidated.  In view of the aformentioned, 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: 26 September 2008         Location: Washington, D.C.

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
								         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 AR20080012670
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