Applicant Name:  ?????

Application Receipt Date: 2009/07/21	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant in effect requests an upgrade of his discharge to fully honorable to get his GI Bill.  He contends he was a good Soldier, did not get into any trouble, and there is no reason why he has a general, under honorable conditions discharge.  

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: 090210
Discharge Received: 			   Date: 090331   Chapter: 5-17     AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: 135th FSC, 3-27th FA Regt, Fort Bragg, NC 

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:  30
Current ENL Date: 070510    Current ENL Term: 03 Years  18 Weeks/with an exception approved (070502)
Current ENL Service: 	01 Yrs, 10Mos, 21Days ?????
Total Service:  		01 Yrs, 10Mos, 21Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10 Motor Transport Operator   GT: 85   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  Mesquite, TX 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 January 2009, the applicant was evaluated by competent medical authority and diagnosed with an adjustment disorder with mixed emotional features, no DX, deferred, work stress, and recommended separation in accordance with (IAW) Chapter 5-17, AR 635-200.  
       
       On 5 February 2009, 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 an adjustment disorder with mixed emotional features, no DX, deferred, work stress,with an 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 and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 6 March 2009, 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: 2 June 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: The applicant submitted the following documents: DD Form 214, dated (090331); Discharge Orders 076-0256, dated (090317); Approved Discharge Packet; Department of Veterans Affairs Documentation (12) pages, dated (090603); Basic Pay Schedule; Leave and Earning Statement; Virtual Family Readiness Group Slide (3) pages; Memorandum, dated (081124); Installation Clearance Record (3) pages; Verification of Military Experience and Training (3) pages; Army Human Resources Systems-Outprocessing Report; Enlisted Record Brief (ERB), dated (090113); Official Military Personnel File (OMPF) 150 pages; and Medical Documents (211) pages.  

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 AR20090013354
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