Applicant Name:  ?????

Application Receipt Date: 2010/08/25	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is requesting an upgrade in his discharge so that he can get a waiver to go back 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: 070523
Discharge Received: 			   Date: 070619   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: HQ & HQ Company, 46th Adjutant General Battalion (Reception), Fort Knox, KY 

Time Lost: AWOL x 1 from (070422-070422) for 1 day. The applicant returned to his unit.

Article 15s (Charges/Dates/Punishment): 070404, failed to obey a lawful order from SSG, a noncommissioned officer (070327), disrespectful in language toward a noncommissioned officer (070330), extra duty and restriction for 14 days (Summarized)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  20
Current ENL Date: 070214    Current ENL Term: 4 Years  18 weeks
Current ENL Service: 	0 Yrs, 4 Mos, 5 Days ?????
Total Service:  		0 Yrs, 4 Mos, 5 Days ?????
Previous Discharges: 	None
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 108   EDU: GED Cert   Overseas: None   Combat: None
Decorations/Awards: NDSM, ASR

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:
       On 23 May 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 condition for being diagnosed  by competent medical authority in that he has displayed a persistent problem with authority and has not displayed the ability to cope with the stress of military training, he has been diagnosed with Axis 1 Mental disorder, major depression and has not responded to treatment, which has rendered him incapable of successfully coping with the emotional stress of military training and recommended the applicant’s discharge with an entry level uncharacterized separation of service.  He was advised of his rights.  
       
       On 5 June 2007, 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 an uncharacterized discharge.  
       
       The separation authority waived further rehabilitative efforts and directed the applicant’s discharge with an uncharacterized separation of service.

       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, documents and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows the applicant while in training status was diagnosed by competent medical authority with Axis 1 Mental disorder, major depression and has not responded to treatment, which has rendered him incapable of successfully coping with the emotional stress of military training.  
       
       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 the separation is initiated while the Soldier is in entry level status.  
       
       The analyst noted the applicant's issue that he wants his dishcarge upgraded to honorable.  However, 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 applicant further contends that he wants a waiver so that he can go back on active duty.  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 continue to 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.  
       
       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: 6 May 2011         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated 30 July 2010, two Character Reference Letters dated 2 August 2010, 10 August 2010.

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: 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 AR20100022574
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