Applicant Name:  ?????

Application Receipt Date: 2009/07/13	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Hardship (Son) (Pending) whole time in service medical, conspiracy (Injustice).  DD Form 214 (reentry code inactive reserve code).  Discharge characterization (Hardship) (pending) Summary Court-Martial."  The summary court martial is profound, a conspiracy took place, this is an injustice.  The DD form 214 also needs an adjustment. Thanks."

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: 080701
Discharge Received: 			   Date: 080908   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: D FST, 6/9th Cav Regt, 3d HBCT, 1st Cav Div, Fort Hood, TX 

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): SCM, 070305, Dereliction in the performance of his duties by failing to maintain proper arming stance.  Punishment consisted of forfeiture of $1,152.00, and hard labor without confinement for 15 days.

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  22
Current ENL Date: 050804    Current ENL Term: 04 Years  ?????
Current ENL Service: 	03 Yrs, 01Mos, 05Days ?????
Total Service:  		03 Yrs, 01Mos, 05Days ?????
Previous Discharges: 	None
Highest Grade: E4		Performance Ratings Available: Yes    No 
MOS: 92F10/Petroleum Supply Specialist   GT: 109   EDU: HS Grad   Overseas: Southwest Asia    Combat: Iraq (061002-071001)
Decorations/Awards: NDSM, GWOTSM, ICM, ASR, OSR, CAB

V.  Post-Discharge Activity
City, State:  Woodbridge, VA
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 June 2008, the applicant was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct with no report of Traumatic Brain Injury.  
       
       On 21 October 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 for being diagnosed with adjustment disorder with mixed disturbance of emotions and conduct with no report of traumatic brain injury, and that it is not conducive to continued service in the military, with a honorable 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 honorable discharge.  On 18 August 2008, the separation authority directed that the applicant be discharged with a characterization of service of honorable.

       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 during the period of enlistment under review, the documents, and the issues submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for discharge on the applicant's DD Form 214.  
       
       The record shows the applicant was discharged under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of condition, not a disability, with an honorable separation of service and a reentry eligibility (RE) code of "3."
       
       The analyst noted the applicant's issues that his narrative reason for separation be changed to hardship and that his recode be changed.  However, 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.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  
       
       Further, the applicant contends that his Summary Court Martial was an injustice and that a conspriacy took place.  However, 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.
       
       In view of the foregoing, the analyst determined that the narrative reason for discharge and the reentry eligibility (RE) code 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: 26 May 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: Facts/Finding sheet (2 pages), DD Form 214, self author memo to the Board, discharge orders, Commanders Inquire dated (070107) (3 pages), Department of the Army Report of Result of Trial, Record of Trial by Summary Court-Martial, Sworn Statements (6).

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 narrative reason for discharge and the reentry eligibility (RE) code were both proper and equitable, and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    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: NA
Other: NA										
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

























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 AR20090012191
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