Applicant Name:  ?????

Application Receipt Date: 2010/03/08	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that according to AR 635-200, Chapter 5, Section 1, 5-1b, he must be notified of the reason for why he received a characterization. He is including the forms he was read and given from chapter packet.

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: 091217
Discharge Received: 			   Date: 100120   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: HQ & HQ Company, 3rd Squadron, 2nd Stryker Cavalry Regiment, APO AE Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 090303, wrongfully communicated a threat to a PV2 to injure him by cutting his throat on or about (090201), reduction to Private First Class (E-3), forfeiture of $409.00 pay, suspended, to be automatically remitted if not vacated before (090830), extra duty and restriction for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  21
Current ENL Date: Reenl/080314    Current ENL Term: 6 Years  The applicant required a moral waiver at the time of enlistment, which was approved on (060531)
Current ENL Service: 	1 Yrs, 10 Mos, 7 Days ?????
Total Service:  		3 Yrs, 5 Mos, 12 Days ?????
Previous Discharges: 	RA 060809-080313/HD
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: 13F10 Fire Support Spec   GT: 111   EDU: GED Cert   Overseas: Southwest Asia   Combat: Iraq (070816-080826)
Decorations/Awards: ARCOM, GCMDL, NDSM, ICMw/CS, ASR, OSR

V.  Post-Discharge Activity
City, State:  ?????
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 on 17 December 2009, 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 other designated physical or mental condition, not a disability for being diagnosed by competent medical authority with depression on (091123), with a general, under honorable conditions discharge.  He was advised of his rights.  
       
       On 17 December 2009, 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 general, under honorable conditions discharge.  
       
       On 7 January 2010, the separation authority directed 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 the service that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records for the period of enlistment under review and the issue and documents he submitted, the analyst determined that the characterization of service was 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 which warrants such a characterization, using the notification procedure.  The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. 
       
       In view of the aforementioned, the analyst recommends to the board to grant relief in the form of an upgrade of the applicant's 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: 5 November 2010         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 26 January 2010, and a copy of his separation packet from the Army.












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 was not properly notified as to the reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. In view of the foregoing, the Board determined that the characterization of service is improper.  Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to 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 5    No change 0
(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






















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 AR20100010074
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