Applicant Name: ?????
Application Receipt Date: 2008/11/12 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: 981216 Chapter: 5-18 (Current standard 5-17) AR: 635-200
Reason: Physical Condition, Not a Disability RE: SPD: JFV Unit/Location: HHC, 1st Bn, 506th Inf, 2d Bde, 2d Inf Div, APO AP
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: 970613 Current ENL Term: 06 Years ?????
Current ENL Service: 01 Yrs, 06 Mos, 04 Days ?????
Total Service: 01 Yrs, 06 Mos, 04 Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: 91B Medical Spec GT: 94 EDU: HS Grad Overseas: Republic of Korea Combat: None
Decorations/Awards: ASR
V. Post-Discharge Activity
City, State: Council, NC
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 the Applicant was diagnosed with dysthymia alcohol abuse. On 21 September 1998, the unit commander notified the Applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-18, AR 635-200, by reason of physical condition, not a disability; specifically, on 28 July 1998, the Applicant was diagnosed with dysthymia alcohol abuse, characterized as exhibiting maladjustment to miitary service and, on 7 September 1998, the Applicant was caught violating the battalion pass policy and shoplifting, with an honorable discharge. The Applicant was advised of his rights, consulted 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. Subsequently, 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. Current standard, 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 he 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 5-18, by reason of other designated physical or mental condition not amounting to a disability, with an honorable discharge and informed the Applicant as to the specific factors in his service record that would warrant a 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: 26 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 AR20080018470
______________________________________________________________________________
Page 1 of 2 pages
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