Applicant Name:  ?????

Application Receipt Date: 2008/08/11	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The Applicant states, "I WAS TOLD AT THE TIME OF MY SEPERATION THAT MY UNCHARACTERIZED DISCHARGE WOULD BE CHANGED TO A HONORABLE DISCHARGE AFTER 6 MONTHS OF BEING SEPERATED.  I WAS THEN NOTIFIED THAT I WOULD HAVE TO COMPLETE THIS APPLICATION IN ORDER TO HAVE IT CHANGED.  I SEPERATED FROM ACTIVE DUTY ARMY ON EITHER 08 MARCH 2006 OR 11 MARCH 2006.  THE EXACT DATE HAS SINCE SLIPPED MY MIND."

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: 060310
Discharge Received: 			   Date: 060315   Chapter: 5-17      AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: C Co, 1/48 INF Regt, Ft Leonard Wood, MO 

Time Lost: AWOL x2  for 18 days (060106-060114) & (060210-060220), mode of return: Unknown

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:  19
Current ENL Date: 051109    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 03Mos, 17Days ?????
Total Service:  		0 Yrs, 03Mos, 17Days ?????
Previous Discharges: 	None
Highest Grade: E1		Performance Ratings Available: Yes    No 
MOS: None   GT: 129   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Piqua, OH
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       Evidence of record shows that the applicant was diagnosed by competent medical authority with a diagnosis of Major Depression, Recurrent. The Soldier has been hospitalized in the civilian community two times in January 2006 due to depressive symptoms to include sicidal ideation.  One hospitalization happened during AWOL.  She reportedly made another suicide attempt (050205) by overdose.  On 10 March 2006, 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 other medical conditions, for emotional control, behavioral problems and/or physical problems incompatible with military service, and recommended that she be discharge with an entry level uncharacterized separation of service.  She was advised of her rights.  The soldier declined her right to consult with legal counsel, and to submit a statement in her own behalf.  The unit commander subsequently recommended separation from the service.  On 10 March 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with an uncharacterized separation of service.

       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 issue she submitted, the analyst recommends that relief be denied in this case.  A mental status evaluation by competent medical authority diagnosed the applicant with a Major Depression, Recurrent .  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an uncharacterized discharge.  The applicant was advised that she could request a copy of the entire separation packet that included several negative counseling statements, and the mental evaluation, these documents provided the basis for the uncharacterized 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.  Furthermore, the analyst noted the applicant’s issue, however, separation documents attached to the notification letter provided the specific factors that were the basis for the uncharacterized discharge being recommended by the unit commander and that were available to the applicant.  Furthermore, the U.S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges.  Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge.  Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable.  In view of the foregoing, 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: 13 May 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 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: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20080012811
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