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 he requests an upgrade of his discharge to fully honorable. He contends that he was discharged due to medical reasons during his deployment to Iraq. Also, he further contends that the discharge is not giving him a chance to recover and move forward; he states receiving many awards and medals during his service proving he was a great Soldier.
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: 080123
Discharge Received: Date: 080131 Chapter: 5-17 AR: 635-200
Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: D Trp, 4-1st Cav, Fort Riley, KS
Time Lost: None
Article 15s (Charges/Dates/Punishment): 070723, wrongfully possessed twenty (20) bottles of 50 mg/1 ml Deca-Durabolin, while receiving special pay under 37 U.S.C &310 during a time a war (070705-070714), and wrongfully possessed twenty (20) vials of 50 mg each of Winstrol Depot Injection, while receiving special pay under 37 U.S.C & 310 during a time a war (070705-070714); reduction to E-4, and forfeiture of $1039 pay x 1 month (FG).
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 21
Current ENL Date: 050316 Current ENL Term: 05 Years ?????
Current ENL Service: 02 Yrs, 10Mos, 16Days ?????
Total Service: 05 Yrs, 00Mos, 09Days ?????
Previous Discharges: RA-030122-050315/HD
Highest Grade: E-5 Performance Ratings Available: Yes No
MOS: 11B10 2C Infantryman GT: 93 EDU: HS Grad Overseas: Korea/Southwest Asia Combat: Iraq (070206-071212)
Decorations/Awards: ARCOM-2, AAM-4, AGCM, NDSM, ICM, GWOTSM, KDSM, NCOPDR,ASR, OSR, CIB. EIB
V. Post-Discharge Activity
City, State: Port Orange, FL
Post Service Accomplishments: The applicant submitted a document that shows employment by Raydon Corporation, a government contracting company.
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The applicant's record does not contain the evaluation and diagnosis by competent medical authority and the analyst presumed government regularity in the discharge process.
However, on 23 January 2008, 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 adjustment disorder with mixed emotional and conduct, poly substance dependence, rule-out substance induced mood disorder, 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 intended to submit matters within seven (7) days 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.
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 Soldiers 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 applicants military records during the period of enlistment under review, the issues and documents submitted with the application, 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 fully supported by the record and therefore, remains both proper and equitable.
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 19 November 2010 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: NA
Exhibits Submitted: DD Form 293, (091120); DA Form 2627 (Article 15), dated (070723); two (2) DA Forms 4856 (Developmental Counseling Form); dated (070715), (070601); three (3) pages of Photos; two (2) Enlisted Record Briefs, dated (070715), (080119); Report to Suspend Favorable Personnel Actions (Flag); two (2) DA Forms 2166-8 (NCO Evaluation Report), dated (070701), (060615); DA Form 1059 (Service School Adademic Evaluation Report, dated (060131); Permanent Orders 256-036, dated (070913); three (3) Support Statements, dated (091030), (091120), (undated); two (2) DD Forms 214, dated (080131), (080131); four (4) AAM Citations, dated (041021), 060110), 040604), (051210); AGCM Citation, dated (060126), and an ARCOM Citation, dated (050810).
VIII. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts 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 AR20100010518
______________________________________________________________________________
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