Applicant Name:  ?????

Application Receipt Date: 2009/01/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 293 and attached 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: 080124
Discharge Received: 			   Date: 080227   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: HHC, 2nd Bn, 505th Parachute Regiment, 82nd Abn Div, Fort Bragg, N.C. 

Time Lost: AWOL, for 30 days from 071205-080104, surrendered. 

Article 15s (Charges/Dates/Punishment): 071114, failed to obey a lawful order issed by a COL, at or near COB Speicher, Iraq, on or about 2 October 2007, the applicant violated the Brigade Commander's Sexual Activity Policy letter, dated 5 September 2006; reduction to Private First Class (E-3), forfeiture of $815.00 pay per month for two months, restriction and extra duty for 30 days.

Courts-Martial (Charges/Dates/Punishment): None 

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 050726    Current ENL Term: 4 Years  19 weeks
Current ENL Service: 	02 Yrs, 06Mos, 02Days ?????
Total Service:  		02 Yrs, 06Mos, 02Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10/Fire Support Specialist   GT: 118   EDU: HS GRAD   Overseas: Korea, SWA   Combat: Iraq (070417-071030)
Decorations/Awards: ARCOM, AAM, NDSM, GWOTSM, GWOTEM, KDM, ASR, CAB

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.








 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 January 2008, the applicant was diagnosed with an emotional and behavioral dysfunction, an adjustment disorder, and cluster B traits.  The severity of his condition was determined to greatly hinder his ability to function in a military evironment. Additionally, the applicant received a Field Grade Article15 for violating the Brigade Commander's policy prohibiting unmarried sexual contact while in the theater of operations. The applicant was AWOL from 5 December 2007 to 5 January 2008.   On 24 January 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.  He was advised of his rights.  The applicant 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 a general, under honorable conditions discharge.  On 1 February 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 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 and documents he submitted, the analyst recommends that relief be denied in this case.  A mental status evaluation by a competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood and cluster B traits.  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 his service record that would warrant a general 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, the correction that the applicant requests to be made to his DD Form 214, i.e., correction of lost time, does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing DD Form 149 regarding this matter.  An application for that Board is enclosed.  Therefore, the analyst determined the reason for discharge and the characterization were both proper and equitable and recommends to the Board to deny relief.












       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 28 October 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 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: No Change
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090002292
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