Applicant Name:  ?????

Application Receipt Date: 2009/01/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 in lieu of DD Form 293 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: 070221
Discharge Received: 			   Date: 070312   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: 70th Transportation Co, APO AE 

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:  19
Current ENL Date: 060613    Current ENL Term: 3 Years  18 weeks
Current ENL Service: 	0 Yrs, 09Mos, 09Days ?????
Total Service:  		0 Yrs, 09Mos, 09Days ?????
Previous Discharges: 	None
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 88M/Motor Transport OP   GT: 88   EDU: Home Study Diploma   Overseas: Germany   Combat: None
Decorations/Awards: NDSM, ASR, GWOTSM

V.  Post-Discharge Activity
City, State:  Lakeside, CA
Post Service Accomplishments: None submitted by the applicant.

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 disorder currently manifested by maladjustment to military service reflects a life-long pattern of recurrent and immature behavior as well as an inability to relate effectively to others, and is so deeply ingrained and severe as to significantly impair his capacity to adapt to and function in the military environment.  On 12 February 2002, 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 designated physical or mental condition in that he was diagnosed with dysthymia, major depression and personality disorder not otherwise specified by an inpatient psychiatrist.   He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, unconditionally waived his rights and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service.  The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a Honorable discharge.
       

       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 he submitted, the analyst recommends that relief be denied in this case.  A mental status evaluation by competent medical authority diagnosed the applicant with dysthymia, major depression and personality disorder not otherwise specified by an inpatient psychiatrist.  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 honorable characterization of service.  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, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3”  and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  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.  The analyst noted the applicant's issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 28 October 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 AR20090003449
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