Applicant Name: 

Application Receipt Date: 2009/06/19	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: 070613
Discharge Received: 			   Date: 070713   Chapter: 5-17    AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: Forward Maintenance Company, 25th, Bde Spt Bn, Fort Wainwright, AK 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 070416, dereliction of duty by not shaving (070313); restriction for 14 days (suspended), extra duty for 14 days (Summarized).

The applicant was reduced from E-4 to E-3 on 6 September 2006; however, the Article 15 that reduced him is not part of the available record.

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 050719    Current ENL Term: 06 Years  ?????
Current ENL Service: 	01 Yrs, 11Mos, 25Days ?????
Total Service:  		04 Yrs, 11Mos, 06Days ?????
Previous Discharges: 	USAR-020808-030717/NA
                                       RA-030718-050718/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 62B10 Construction Equipment Repairer   GT: 103   EDU: HS Grad   Overseas: Southwest Asia   Combat: Iraq (050111-060112)
Decorations/Awards: ARCOM, AGCM, NDSM, ICM, GWOTSM, ASR, 

V.  Post-Discharge Activity
City, State:  Lansing, MI 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 26 April 2007, the applicant was evaluated by competent medical authority and diagnosed with a factitious disorder, wih combined psychological and physical signs and symptoms, and recommended that the applicant be processed for immediate administrative separation in accordance with (IAW) Chapter 5-17, AR 635-200.  
       
       On 7 June 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, other designated physical or mental conditions, by reason of  diagnosis with an Axis I, factitious disorder, with combined psychological and physical signs and symptoms; Axis IV, moderate; and Axis V, global assessment functioning (Current 45), serious impairment in social and occupational functioning.  
       
       In the medical authority's professional opinion the applicant's pattern of behavior was likely to continue, and his behavior was not congruent with satisfactory military service, 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 and waiver of further rehabilitative efforts.  On 14 June 2007, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 21 June 2007, the separation authority waived further rehabilitative 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 record that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents he submitted, the analyst determined that the characterization of service is 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 view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the 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: 30 April 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted the following documemnts:  DD Form 214, dated (070713); Statement from the Ingram's County Sherrif's Office, dated (090306); Statement from the Lansing Police Department, dated (090306), Michigan State Police Criminal History Search. 



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 characterization of service is 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.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable.  However, the Board determined that the reason for discharge was both 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: None


























Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 

ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20090011163
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