Applicant Name:  ?????

Application Receipt Date: 2012/02/27	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he is a homeless veteran in receipt of services which would allow him sustainable and the ability to live among his community.  He made a conscious decision to serve his country during a time of crisis and conflict with two countries.  Upon his arrival to basic training his grandmother became very ill and had emergency surgery and later developed complications and as a result she passed away.  His grandmother was like a second mother and she cared for him and his sibling daily while his single parent worked. 

At the time he did not realize the death of his grandmother would have a strong impact on him and he had very little time to process her death and at the time began to display a few systoms relating to grief stricken child who had lost a parent.  He was not prepared emotionally or mentally to handle the situation and began to be disruptive and unmanageable.  He wants a second chance to be a proud citizen who served his country and he has learned the hard way from his mistakes.  He was a nineteen year old boy trying to become a man and today, he is a twnety-five year old black male, trying to live like a man; provide for his family, become self sufficiaent, assist other homeless veterans and serve his country.   

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: 	NIF  Date: 050815
Discharge Received: 			   Date: 050916   Chapter: 5-13    AR: 635-200
Reason: Personality Disorder	   RE:     SPD: LFX   Unit/Location: HQS Detachment, 55th Personnel Services Battalion, APO, AE, Germany 

Time Lost: None

Article 15s (Charges/Dates/Punishment): 050728, failed to go to his appointed place of duty (050706), disobeyed a lawful order from 1SG, a noncommissioned officer (050706), reduction to Private (E-2), extra duty and restriction for 14 days (CG)

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  18
Current ENL Date: 040728    Current ENL Term: 4 Years  19 weeks
Current ENL Service: 	1 Yrs, 1  Mos, 19  Days ?????
Total Service:  		1 Yrs, 1  Mos, 19  Days ?????
Previous Discharges: 	None
Highest Grade: E-3		Performance Ratings Available: Yes    No 
MOS: 92Y10 Unit Supply Spec   GT: 100   EDU: HS Grad   Overseas: Germany (050817-050916)   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR





V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant; however, he has three character reference letters in support of his request for an upgrade of his discharge.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 15 August 2005, 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 with a mental condition, Dysthymic Disorder, which is a major depressive disorder, manifesting disturbance of emotional control sufficiently severe that his ability to effectively perform his military duties was significantly impaired.  The unit commander did not cite a specific type of characterization of the applicant service but indicated in his memorandum that the separation authority may direct that his service be characterized as honorable.  He was advised of his rights.  
       
       On 15 August 2005, 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.  On 16 August 2005, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  
       
       On 19 August 2005, the separation authority directed the applicant’s discharge under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, due to other designated physical or mental conditions with a characterization of service of general, under honorable conditions; waived further rehabilitative efforts and transferred the applicant to the Individual Ready Reserve (IRR) to complete his statutory service obligation.  

       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 issue and documents he submitted, the analyst determined that the characterization of service was improper.  
       
       Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure.  The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. 
       
       In view of the aforementioned, the analyst recommends to the board to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. 
       
       Additionally, the analyst found that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 5, Paragraph 5-17 discharge).  Someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 5-13,” block 26, separation code as “LFX,” and block 28, narrative reason for separation as "Personality Disorder." 
       
       The analyst recommends to the Board that the following blocks be corrected to read; block 25, separation authority “AR 635-200, paragraph 5-17,” block 26, separation code to read "LFV," and block 28, reason for separation to read “Other Designated Physical or Mental Condition,”  as it was approved by the separation authority.  
       

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 22 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293 dated14 February 2012, three character reference letters with various dates.





















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 characterization of service is improper.  The Board noted that the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition with a general, under honorable conditions discharge. 

Army Regulation 635-200, Chapter 5, paragraph 5-17, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.  Furthermore, change block 25, separation authority “AR 635-200, paragraph 5-17,” block 26, separation code to read "LFV," and block 28, reason for separation to read “Other Designated Physical or Mental Condition.”     
        
IX.  Board Decision						
Board Vote:
Character - Change 5    No change 0
Reason -     Change 5    No change 0
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: “Other Designated Physical or Mental Condition” under the provisions of AR 635-200, Chapter 5, paragraph 5-17 with a corresponding SPD code "LFV." 
Other: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
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 AR20120004526
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