Applicant Name:  ?????

Application Receipt Date: 2009/02/10	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See 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: 080702
Discharge Received: 			   Date: 080902   Chapter: 5-17     AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: 2 Bn, 17th FA, Fort Carson, CO 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 080617, disrespectful to an NCO by saying to him, "Shouting at me won't make me move any faster," and willfully disobeying a lawful order from an NCO when the NCO ordered you to stand at ease (080603); reduction to E2, forfeiture of $370.00 pay for one month, suspended to be automatically remitted if not vacated before 15 September 2008; extra duty and restriction for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: 070815    Current ENL Term: 3 Years  19 weeks
Current ENL Service: 	1 Yrs, 0Mos, 18Days ?????
Total Service:  		1 Yrs, 0Mos, 18Days ?????
Previous Discharges: 	None
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: 13D10/Fld Atry Automation   GT: 115   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
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 22 May 2008, the applicant was diagnosed with the panic disorder without agoraphobia.  The applicant was provided the opportunity to use a combination of medications and psychotherapy as treatment for his panic disorder.  The applicant accepted the psychotherapy and exercised his right to decline the medication.  On 10 June 2008, the applicant was reevaluated and diagnosed with panic disorder without agoraphobia and strongly recommended for administrative separation in accordance Chapter 5-17 (Other designated Physical or Mental Conditions).   On 2 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 ODP or MC with a general, under honorable conditions discharge.  He was advised of his rights.  The applicant waived legal counsel 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 honorable discharge.  On 24 July 2008, the separation authority waived further rehabilitation efforts and 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 issues he submitted, the analyst determined that the characterization of service was improper.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his service record that warrants such a characterization, using the notification procedure.  In the notification memorandum issued to the applicant by the unit commander on 2 July 2008, the unit commander did not mention any specific factor in the applicant's record that warranted a characterization of service that was less than under honorable conditions.  The applicant's record contains documentation of misconduct; however, the misconduct was not specified as a factors for the characterization of service. In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable.  However, the analyst determined that the reason for discharge was both proper and equitable.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 4 December 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 applicant was not properly notified as to the reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. In view of the foregoing, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. 








 
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 5    No change 0
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 AR20090006157
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