Applicant Name:  ?????

Application Receipt Date: 2009/08/31	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "When I left the Army I was diagnosed with Adjustment disorder.  I have constantly had problems since I was in the Army.  I am service connected based on the information that was provided while I was in the Army and after I left the Army.  I have not gotten any better.  I did not know I recieved a "General discharge."  I thought I recieved the higest discharge since I left due to being hospitalized and being 100% service connected.  The Va has sent me paper with "Honorable discharge" on them. I will send the proper information for my application."

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: 041018
Discharge Received: 			   Date: 041101   Chapter: 5-17       AR: 635-200
Reason: Physical Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location:  Co C, 187th Medical BN, Ft Sam Houston, TX 

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:  20
Current ENL Date: 040713    Current ENL Term: NIF Years  ?????
Current ENL Service: 	0 Yrs, 03Mos, 19Days ?????
Total Service:  		1 Yrs, 06Mos, 04Days ?????
Previous Discharges: 	USAR 030428-041031/Concurrent Service
Highest Grade: E3		Performance Ratings Available: Yes    No 
MOS: None   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that the applicant was diagnosed with an adjustment disorder with depressed mood.  
       On 13 October 2004, 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 a general, under honorable conditions discharge.  She was advised of her rights.  
       The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in her 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 general, under honorable conditions discharge.  
       On 26 October 2004, the separation authority 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, and the issue and documents she submitted, the analyst determined that the characterization of service is improper. There was a full consideration of all faithful and honorable service as well as the applicant’s medical condition that caused her to be discharged.  Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.
       A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when her separation is initiated while the Soldier is in entry level status.  Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while she was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  
       Further, for Soldiers in entry-level status, a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.  
       In view of the foregoing, the analyst recommends that the applicant’s characterization of service be changed to uncharacterized.  However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable.
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 14 July 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 214, VA Decision Review Officer Decision (5 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 applicant’s discharge is improper.  The evidence of record shows that the applicant was discharged from active duty, under the provisions of Chapter 5-17, Army Regulation 635-200, physical condition, not a disability.  The board noted that the applicant had only completed 3 months and 19 days of continuous active service and was in an entry level status.  Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service as uncharacterized description if in an 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.   In view of the aforementioned, the Board voted to grant relief by changing the characterization of service to uncharacterized.
        
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






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 AR20090015184
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