Applicant Name:  ????

Application Receipt Date: 2011/10/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states:  "My military discharge was not a condition, I do not have any condition from any doctor inside the military, or outside the military and I did not admit to any condition. I was tested for mental health conditions but all tests were negative, and supplied no evidence for any abnormalities. I was unable to deploy at the time my unit 299TH BSB Fox Company Fort Riley, KS.  Under CPT H and 1SG D  was told by my commander and 1st Sergeant no one will be left on rear detachment so I was provided a discharge 5-17 which I was told was a Honorable discharge under general conditions, a typical discharge to let me take care of my personal life, and return to the Army when I was ready.  I have been attempting to return to the Army since my discharge, I have sought mental health clearance from the VA and from my local military installation but the VA lacks the authority to clear me for duty, and I am unable to be seen by a military doctor. My VA mental health provider has informed me on numerous occasions she sees no reason for me not to be allowed back in the military and I have no signs or symptoms of any mental health disorders. I have been cleared by MEPS in Phoenix, AZ who has provided me 1's across my PUHLES evaluation.   I have been attempting to rejoin the military a few months after I had left and I have been working with recruiters since and I was unaware this was an option to me. My recruiters did not mention I had this option available and when I researched upgraded my discharge I wasn't aware I could argue my reason for being discharged. I put a lot of trust within my recruiters and I am unsure if they are aware of this process.  Thank you for your time"

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: 080925
Discharge Received: 			   Date: 081008   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: D Troop, 541st Cbt Spt Bn, 4th Cavalry Rgt, Fort Riley, KS 

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:  20
Current ENL Date: 061004    Current ENL Term: 3 Years  18 weeks
Current ENL Service: 	02 Yrs, 00 Mos, 05 Days ?????
Total Service:  		02 Yrs, 00 Mos, 05 Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 88M10/Motor Trans Opr   GT: 91   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

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 25 September 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 a physical condition, not a disability for being diagnosed by competent medical authority with an adjustment disorder with anxiety and prolonged depression, with an honorable discharge.  He was advised of his rights.  
       
       On 25 September 2008, 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 with an honorable discharge.  
       
       On 29 September 2008, the separation authority approved the separation action directed the applicant’s discharge with a characterization of service of fully honorable.

       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 and documents he submitted, the analyst found no mitigating factors that would merit a change to the applicant’s reason for his discharge.  
       
       A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with anxiety and prolonged depression. 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 an 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 analyst noted the applicant's issue about a change in the reason for his discharge and the reentry code in order to reenlist; however, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, in efect at the time.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," the separation code is "JFV,"  and the reentry code is “RE-3.”  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There was no provision for any other reason to be entered under this regulation.  
       
       At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine 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 if appropriate.  
       
       Therefore, the analyst determined the narrative reason for discharge and the reentry code 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 April 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: Medical progress report.

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 reason for the discharge and the reentry code were proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
?????



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 AR20110021646
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