Applicant Name: ?????
Application Receipt Date: 2010/10/25 Prior Review: Prior Review Date: NA
I. Applicant Request: Upgrade Reason Change RE Code Change
Issues: The applicant states: "I Believe my discharge should be changed on account of me having no condition at the time of my discharge. At the time of the incident that incited the event. I was simply under immense stress from deaths in the family/friends and a few other events taking place. There was also an evaluation done with a doctor and there were no issues, the doctor asked if I thought I should be in the army and I responded "not currently" I was informed that I would be able to gain re-entry when I had resolved the situation, but when I returned to do so there was issue of my re-entry code and through some investigation, I found out that I could petition. I feel that the only merit in sending me home with a discharge was on my own word. I still feel I can be an asset to the Army so I would like to change my discharge and re-entry code in order to serve in the United States Army. Thank You"
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: 080604
Discharge Received: Date: 080612 Chapter: 5-17 AR: 635-200
Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: G Co, 795th MP CO, Fort Leonard Wood, MO
Time Lost: None
Article 15s (Charges/Dates/Punishment): None
Courts-Martial (Charges/Dates/Punishment): None
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Age at current enlistment: 18
Current ENL Date: 080213 Current ENL Term: 05 Years ?????
Current ENL Service: 00 Yrs, 04 Mos, 00 Days ?????
Total Service: 00 Yrs, 04 Mos, 00Days ?????
Previous Discharges: None
Highest Grade: E2 Performance Ratings Available: Yes No
MOS: None GT: 112 EDU: HS Grad Overseas: None Combat: None
Decorations/Awards: None
V. Post-Discharge Activity
City, State: ?????
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 May 2008, the applicant was evaluated by competent medical authority and diagnosed with post traumatic stress disorder and recommended for expeditious administrative separation, IAW AR Chapter 5-17.
On 4 June 2008, 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 being evaluated by competent medical authority with post traumatic stress disorder. He was manifesting disturbances of emotion and behavior that was incompatible with continued military police training and service on Active duty in the military, and he was a psychiatric inpatient after being admitted for an episode of bizarre behavior including aggressive active, altered mental statues and confusion. He was advised of his rights.
On 4 June 2008, the applicant waived his right to 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 commander reviewed the proposed discharge action and recommended approval of the separation action with service uncharacterized.
On 9 June 2008, 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 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, documents and the issues 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 post traumatic stress disorder and recommended expeditious administrative separation, IAW AR Chapter 5-17.
The applicants 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 Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.
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 applicants record and his service did not warrant an honorable discharge.
The analyst noted the applicant's issue that he desires to come back into the military. 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.
In view of the foregoing, the analyst determined 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: 27 June 2011 Location: Washington, DC
Did the Applicant Testify? Yes No
Counsel: None
Witnesses/Observers: NA
Exhibits Submitted: Online application and DD Form 214 for the period of enlistment under review.
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 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 AR20100024572
______________________________________________________________________________
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