Applicant Name:  ?????

Application Receipt Date: 2010/08/05	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states: "Veteran feels his discharge has created a distinct disadvantage to gainful employment and has been informed that a general discharge has barred him from using Veteran's education benefits, of which, he invested the required $100.00 a month for 12 months and served 36 months honorably to retain.  Veteran feels circumstances surrounding his prior service discharge was due to a chronic adjustment disorder developed and aggravated while on active duty." 

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: 091119
Discharge Received: 			   Date: 091207   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: B Co, 526th BSB, 2d BCT, 101st Abn Div, Fort Campbell, KY 

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:  32
Current ENL Date: 090225    Current ENL Term: 03 Years  20 Weeks
Current ENL Service: 	00 Yrs, 09 Mos, 13 Days ?????
Total Service:  		06 Yrs, 05 Mos, 10 Days ?????
Previous Discharges: 	USAR-951226-960102/NA
                                       RA-960103-960419/UNC
                                       USAR-960420-960616/NA
                                       RA-960617-010822/GD
                                       (Break in Service)
Highest Grade: E2		Performance Ratings Available: Yes    No 
MOS: 91J10/Quartermaster and Chemical Equipment Repairer   GT: 124   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: ARCOM, AGCM, NDSM, GWOTSM, ASR, OSR, NATOMDL

V.  Post-Discharge Activity
City, State:  Colorado Springs, CO
Post Service Accomplishments: None Listed





VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 19 November 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 physical condition, not a disability for having been diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct and for disrespecting a noncommissioned officer by calling him a "fucking punk," or words to that effect, 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, voluntarily waived consideration of his case by an administrative separation board, 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 1 December 2009, the separation authority directed the applicant’s discharge 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, the issues, and documents submitted with the application, the analyst recommends that relief be denied in this case.  
       
       A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with mixed disturbance and emotions and conduct.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in his service record that would warrant a general, under honorable conditions discharge.  The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant contends that his discharge has created a distinct disadvantage to gainful employment, barred him from using Veteran's education benefits, and that the circumstances surrounding his prior service discharge was due to a chronic adjustment disorder developed and aggravated while on active duty.  The analyst acknowledges that the applicant was discharged for an adjustment disorder with mixed disturbance of emotions and conduct, however, the characterization of the discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge.  
       
       The Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities.
       
       
       Furthermore, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
       
       In view of the foregoing, 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: 4 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 149, DD Form 293, Letter from applicant to Congressman [redacted], DD Form 214 for two prior periods of service, Discharge and Aftercare Plan Memo, [redacted] Behavioral Health document, Psychiatric Evaluation from The [redacted] Hospital (3 pages), IntegratedSubsttance Abuse Assessment, Medical Documents taken from the applicant Active Duty Medical Records (84 pages), Defense Finance and Accounting Service Military Leave and Earnings Statement, Discharge Orders, dated 3 December 2009, and DD Form 214 for the period of service under review.

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: NA
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 AR20100020756
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