Applicant Name:  ?????

Application Receipt Date: 2012/03/26	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he requests an upgrade of his discharge to fully honorable and a change to the narrative reason for separation.  He contends his election of rights memorandum was not completed.  He further contends being forced to sign false counseling statements.  He also contends during the chapter process he did not receive any counseling.   

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: 110811
Discharge Received: 			   Date: 110825   Chapter: 5-17      AR: 635-200
Reason: Condition, Not a Disability 	   RE:     SPD: JFV   Unit/Location: HQS, 4-4th Cav Regt (Rear) (Provisional), Fort Riley, KS  

Time Lost: AWOL x 2 for a total of 5 days; (110702-110704) for 3 days, mode of return unknown; (110813-110814) for 2 days, mode of return unknown; confinement/civil authorities (110804-110806) for 2 days.  Total time lost 7 days.

Article 15s (Charges/Dates/Punishment): 110727, he was disrespectful in language and deportment toward a superior noncommissioned officer (SFC) (110719); and willfully disobeyed a lawful order from a SGT (110621); reduction to E-1, forfeiture of $733 pay (suspended), extra duty for 45 days and an oral reprimand, (FG).

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

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  24
Current ENL Date: 100816    Current ENL Term: 03  Years  16 Weeks
Current ENL Service: 	01  Yrs, 00  Mos, 02  Days ?????
Total Service:  		01  Yrs, 00  Mos, 02  Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 11B10 Infantryman   GT: 98   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 23 June 2011, the applicant was diagnosed by competent medical authority with an adjustment disorder, and will not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military and recommended that the applicant be expeditiously separated in accordance with (IAW) Chapter 5, paragraph 5-17, AR 635-200.
       
       On 11 August 2011, 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 with an adjustment disorder, disobeying a noncommissioned officer on diverse occasions and failing to report to his appointed place of duty, with a general, under honorable conditions discharge.  He was advised of his rights. 
       
       On 11 August 2011, the applicant waived 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 Army.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  
       
       On 24 August 2011, the separation authority directed the applicant’s discharge with a characterization of service of fully honorable.
       
       Furthermore, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, characterization of service as general, under honorable conditions; however, the evidence of record indicates the separation authority approved an honorable characterization of service.  In view of the foregoing, the analyst recommends to the Board that an administrative change be made to block 24 to read “Honorable,” as it was approved by the separation authority.   
       
       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 his/her service record that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found no mitigating factors that would merit a change to the narrative reason for separation. 
       
       The applicant requested a change to the narrative reason for separation.  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.  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, separation code, entered in block 26, and RE Code, entered in block 27 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 is no provision for any other reason to be entered under this regulation.    
       
       The applicant contends his election of rights memorandum was not completed and during the chapter process he did not receive any counseling.  The evidence of record shows that on 16 August 2011, the applicant indicated he had been advised by legal counsel regarding the separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, signed his election of rights and requested a complete copy of the discharge packet.
       
       
        
       The applicant further contends being forced to sign false counseling statements.  The applicant bears the burden of the presentation of substantial and credible evidence to support his contention.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that he was forced to sign false counseling statements.    
       
       Additionally, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, characterization of service as general, under honorable conditions; however, the evidence of record indicates the separation authority approved an honorable characterization of service.  In view of the foregoing, the analyst recommends to the Board that partial relief be granted in the form of an administrative change to block 24, characterization of service to read “Honorable,” as it was approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the reason for separation was both proper and equitable and recommends to the Board to deny relief.  
       
VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 12 September 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: NA

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated (110321), with a handwritten page; DD Form 214, dated (110825); Chapter 5-17 Discharge Packet, consisiting of fifty-three (53) pages.  

VIII.  Board Discussion, Determination, and Recommendation
Notwithstanding the propriety of the applicant's discharge, the Board determined that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service, as general under honorable conditions.  In view of the error, the Board voted to grant partial relief and directed that an administrative change be made to block 24, character of service to "Honorable,” as approved by the separation authority.  Except for the foregoing modification to the applicant's characterization of service, the Board determined that the reason for separation was both proper and equitable and voted not to change it.






















        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
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: No Change
Other: Change block 24, character of service to "Honorable.”
RE Code: 
Grade Restoration:   No   Yes   Grade: None

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 AR20120006347
______________________________________________________________________________

Page 4 of 4 pages