Applicant Name: ?????
Application Receipt Date: 081020 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and supporting documentation 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: Undated
Discharge Received: Date: 080820 Chapter: 5-17 AR: 635-200
Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: HHC, 63rd Sig Bn (Rear Det), 35th Sig Bde, Ft. Gordon, GA
Time Lost: AWOL 221 days (070416-071127), mode of return NIF.
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): SPCM, 080602, AWOL 221 days; General Officer reprimand and reduction to the grade of E1 (080723).
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 33
Current ENL Date: 040929 Current ENL Term: 03 Years ?????
Current ENL Service: 03 Yrs, 03 Mos, 10 Days ?????
Total Service: 04 Yrs, 02 Mos, 09 Days (Includes previous discharge and prior inactive service)
Previous Discharges: ADT - 040105-040730/HD
Highest Grade: E4 Performance Ratings Available: Yes No
MOS: 23B IT Spec GT: 118 EDU: College Degree Overseas: Republic of Korea Combat: None
Decorations/Awards: AAM, NDSM, GWOTSM, KDSM, ASR, OSR
V. Post-Discharge Activity
City, State: Bloomington, NY
Post Service Accomplishments: None submitted by the Applicant.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that on 080623, the Applicant was diagnosed with a significant dysthymic disorder, major depression, and adjustment disorder with disturbance of emotions and conduct. Further, the evidence of record shows that the Applicant received a special court-martial conviction on 080602 for being AWOL (070416-071127) which resulted in a General Officer reprimand and reduction to the grade of E1. On 31 July 2008, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability with a general, under honorable conditions discharge. The Applicant was advised of her rights, consulted with 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 with an honorable discharge. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 8 August 2008, 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 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 that warrant such characterization.
c. Response to Issues, Recommendation and Rationale:
After a careful review of the Applicants 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. Furthermore, the analyst found no evidence of arbitrary or capricious actions by the command. The analyst was satisfied that all requirements of law and regulation were met and the rights of the Applicant were fully protected throughout the separation process. Therefore, the analyst determined the narrative reason for discharge and the characterization 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: 7 August 2009 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 Applicants record of service during the period of enlistment under review and considering the analysts 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: No Change
Other: No Change
RE Code:
Grade Restoration: No Yes Grade: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20080016441
______________________________________________________________________________
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