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.  Soldier’s 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 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 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 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 AR20100010518
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