Applicant Name:  ?????

Application Receipt Date: 2010/06/29	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 general, under honorable conditions or  fully honorable.  He desires to reenlist and continue with his career he had chosen.  He contends that his spouse became seriously ill and had no one to take care of her.  He further contends that he was under constant stress in regards to spouse's health, and it became so intense that he requested to be discharged in order to care for her.   

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: 071030
Discharge Received: 			   Date: 071115   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: E Co, AG Bn (Rcpt), Fort Benning, GA 

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:  18
Current ENL Date: 070627    Current ENL Term: 03 Years  16 Weeks
Current ENL Service: 	00 Yrs, 04 Mos, 19 Days ?????
Total Service:  		00 Yrs, 04 Mos, 19 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 92   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  Clovis, NM 
Post Service Accomplishments: None Listed 

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 25 October 2007, the applicant was evaluated by competent medical authority and diagnosed with Atypical depressive disorder and recommended separation from the Army under the provisions Chapter 5-17, AR 635-200.  
       
       On 30 October 2007, 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 conditions, for having  a mental condition that interferes with his ability to function in the military.  He complains of inability to perform the physical tasks of training, and his condition impairs his ability to function in the Army and future incapacity due to inability to adjust as expected, and is unable to rehabilitate and return to duty due to his mental condition, with service uncharacterized.  He was advised of his rights.
        
       30 October 2007, the applicant waived 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 commanders reviewed the proposed discharge action and recommended approval of the separation action with service uncharacterized.  
       
       On 9 November 2007, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with service uncharacterized.

       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 issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  The evidence of record shows that the applicant was evaluated by competent medical authority diagnosing him with Atypical depressive disorder and recommended separation under the provisions of Chapter 5-17, AR 635-200.  
       
       The unit commander subsequently recommended separation under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental conditions, with  service uncharacterized.  The applicant’s service was uncharacterized because he was in an 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 his separation is initiated while the Soldier is in entry level status.  A general, under honorable conditions discharge is not authorized under ELS conditions.  
       
       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 his 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.   
       
       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.   
       
       The applicant contends that his spouse became seriously ill and had no one to take care of her.  The analyst noted said contention; however, said contention did not overcome the reason for discharge and characterization of service granted.
       
       The applicant contends that he was under constant stress in regards to spouse's health, and it became so intense that he requested to be discharged in order to care for her.  While the applicant may believe that stress due to his spouse's medical issues was the underlying cause of his discharge, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.
       
       The applicant further contends that he desires to reenlist and continue with his career he chose.  At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes.
       
       Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief.
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 25 March 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (100615); Statement (Spouse); Authorization for Use and Release of Health Records, dated (070614), with fourteen (14) pages of Medical Documents; two (2) Letters, United States Senate, dated (100903), (101025); Case Authorization and Privacy Release Form, dated (100726); Statement in Support of Claim, dated (100726); Letter, Chief, Congressional and Special Actions, dated (101109); DD Form 214, dated (071115); Letter, New Mexico Department of Veteran's Services, dated (100615).  

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 discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
	XI.  Certification Signature
Board Vote:  							          Approval Authority:	
Character - Change 0    No change 5
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 AR20100017950
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