Applicant Name:  ?????

Application Receipt Date: 090624	Prior Review:     Prior Review Date: 19 December 2008

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: See DD Form 149 submitted in lieu of 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: 051109
Discharge Received: 			   Date: 060315   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: HSB, 1st Bn, 319th Airborne Field Artillery Regt, Ft. Bragg, NC 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 051020, Failure to go at the time prescribed to his place of duty x 2 (050803), disrespectful in language to a commissioned officer (050725), disobeyed a lawful order x 2 (050726); Forfeiture of $480.00 pay per month for one month, restriction and extra duty for 14 days (CG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 050614    Current ENL Term: 04 Years  ?????
Current ENL Service: 	00 Yrs, 08 Mos, 09 Days ?????
Total Service:  		05 Yrs, 08  Mos, 09 Days ?????
Previous Discharges: 	RA  000119-050613/HD
Highest Grade: E5		Performance Ratings Available: Yes    No 
MOS: 13F  Fire Spt Spec   GT: 109   EDU: HS Grad   Overseas: SWA   Combat: Iraq (030814-031015), Afghanistan (020707-030114)
Decorations/Awards: ARCOM, AAM x 3, AGCM, NDSM, GWOTSM, ASR, ACM, ICM

V.  Post-Discharge Activity
City, State:  Mount Carmel, IL
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 a bipolar disorder not otherwise specified.  On 9 November 2005, 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 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.  On 30 November 2005, the separation authority directed that the Applicant be discharged with a characterization of service of 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 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 an adjustment disorder with depressed mood.  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.  The analyst found no evidence of arbitrary or capricious actions by the command.  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.  If the Applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.  Additionally, in response to the Applicant's issue, the Applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability", and the separation code is "JFV."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Lastly, recoupment of funds 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 issue.  An application for that Board is enclosed.  Based on 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: 5 October 2009         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: Yes

Witnesses/Observers: None 

Exhibits Submitted: 150+ pages to include a document packet, copy of VA record, photos of daughter, mental health record, and a counseling statement/profile.




VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the Applicant’s record of service during the period of enlistment under review, hearing his testimony and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable, voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change ?????    No change ?????
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 AR20090010690
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