Applicant Name:  ?????

Application Receipt Date: 2008/10/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 and attached documents submitted by the applicant in lieu of DD Form 293.

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: 030224
Discharge Received: 			   Date: 030312   Chapter: 5-18    AR: 635-200
Reason: Physical Condition, Not A Disability	   RE:     SPD: LFV   Unit/Location: A Co, 3rd U.S. Infantry (The Old Guard), Fort McNair, Washington, DC 

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:  23
Current ENL Date: 011004    Current ENL Term: NIF Years  ?????
Current ENL Service: 	01 Yrs, 05Mos, 09Days ?????
Total Service:  		01 Yrs, 06Mos, 19Days ?????
Previous Discharges: 	USAR-010824-011003/NA
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 108   EDU: HS Grad   Overseas: None   Combat: Iraq (070916-080415/Post Service)
Decorations/Awards: NDSM, ASR; ICM, GWOTSM, AFRM-W"M" DEV, OSR, (All Post Service) 

V.  Post-Discharge Activity
City, State:  Fort Worth, TX
Post Service Accomplishments: The applicant was discharged from active duty on (030312), and transferred to the U.S. Army Reserve Control Group (Reinforcement).  Subsequently, he was ordered to active duty, served in Iraq, awarded numerous awards and decorations, and received an honorable discharge upon completion of active duty service.  

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 8 January 2003, the applicant was evaluated by competent medical authority and diagnosed with an adjustment disorder/depressed mood, alcohol abuse, anti-social and narcissistic personality disorder traits.  On 24 February 2003, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, other designated physical or mental conditions, by reason of a mental condition that interferes with his ability to perform duty and diagnosis concludes that the disorder is so severe his ability to function effectively in the military environment is significantly impaired, 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, waived consideration of his case by an administrative separation board, and submitted a statement in his own behalf.   The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts.  On 23 February 2003, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of  general, under honorable conditions.
       
       The analyst noted that on the applicant's DD Form 214 block 25, Separation Authority reads "AR 635-200, Paragraph 5-18," however, the separation authority approved the applicant's discharge under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, other designated physical or mental 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 record that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s 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 partial 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, to include the reentry elgibility (RE) code was both proper and equitable.
       
       Additionally, the analyst found that someone in the separation process erroneously entered on the applicant's DD Form 214, block 25, Separation Authority reads "AR 635-200, Paragraph 5-18,"  The analyst recommends that block 25, separation authority be administratively changed to "AR 635-200, Paragraph 5-17," as approved by the separation authority.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 31 July 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 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 partial relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge, to include the reentry elgibility (RE) code was both proper and equitable and voted not to change it.

Additionally, the Board directs the ARBA Support Division-St Louis to administratively change block 25, Separation Authority to "AR 635-200, Paragraph 5-17."
        
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: The Board directs the ARBA Support Division-St Louis to administratively change block 25, Separation Authority to "AR 635-200, Paragraph 5-17."										
RE Code: 
Grade Restoration:   No   Yes   Grade: None
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080015983
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