IN THE CASE OF:  	
      
      BOARD DATE:  	10 May 2013

      CASE NUMBER:  	AR20120020426
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests to upgrade his characterization of service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that he does not feel he should have received the type of discharge he is currently petitioning.  He gave a portion of his life to the military.  He does not feel that he should be punished for issues which were created and caused by the military.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	1 November 2012
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	8 June 2012
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability / AR 635-200, Paragraph 
			5-17 / JFV / RE-3
	e.	Unit of assignment:	A Company, 40th Expeditionary Signal Battalion
			Fort Huachuca, AZ
	f.	Current Enlistment Date/Term:	16 August 2009 / 3 years, 30 weeks
	g.	Current Enlistment Service:	2 years, 9 months, 23 days
	h.	Total Service:	2 years, 9 months, 23 days
	i.	Time Lost:	5 days
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	25Q (Multichannel Transmission Systems
			Operator/Maintainer)
	m.	GT Score:	100
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (100610-110604)
	q.	Decorations/Awards:	AAM; NDSM; ICM-2CS; GWOTSM; ASR; OSR
	r.	Administrative Separation Board: 	No
	s.	Performance Ratings:	None
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE: 

The applicant enlisted in the Regular Army on 16 August 2009 for a period of 3 years and 30 weeks.  He was 17 years old at the time of entry and a high school graduate.  He served a tour in Iraq.  He earned an AAM.  He completed 2 years, 9 months, and 23 days of active duty service.  


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 27 April 2012, 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, not a disability, specifically for having been diagnosed by competent medical authority with mood disorder due to chronic pain, bipolar traits, and narcissistic and borderline features; failing to report on multiple occasions; and being AWOL for five days.

2.  The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.  

3.  On 27 April 2012 the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 a general, under honorable conditions discharge.  

4.  On 10 May 2012, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

5.  The applicant was discharged from the Army on 8 June 2012, with a characterization of service of general, under honorable conditions.

6.  The applicant's record shows he was absent without leave (AWOL) for 5 days during the period 10 November 2011 through 14 November 2011.  There is no information on the mode of return.

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Article 15, dated 18 January 2012, failure to report on 3 occasions (111109, 111122, and 111205), AWOL (111110-111115).  The punishment consisted of reduction to the grade of E-3, forfeiture of $934 per month for two months (suspended), 15 days of extra duty, and 15 days of restriction (suspended),(FG). 

2.  Six negative counseling statements dated between 9 November 2011 and, 3 April 2012, for showing up to work late, being AWOL, and being processed for separation.

3.  DA Form 3822 (Report of Mental Status Evaluation), dated 31 January 2012, diagnosing the applicant with psychiatric Axis I mood disorder. 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant did not provide any additional documentary evidence. 


POST-SERVICE ACTIVITY: 

The applicant provided none.

REGULATORY AUTHORITY:

1.  Army Regulation (AR) 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, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  

2.  AR 635-200, paragraph 5-1, 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.  

3.  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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood.  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 a general, under honorable conditions discharge and informed the applicant as to the specific factors in the service record that would warrant such discharge.  

3.  The applicant contends the discharge was unjust because he should not have received the type of discharge he received.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discriminated.  In fact, the applicant’s Article 15 and numerous negative counseling statements justify a pattern of misconduct.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.

4.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  

5.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	     Date: 10 May 2013         Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  NA

Board Vote:
Character Change:  0	No Change:  5
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			No
Change Characterization to:		No Change
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						NA












Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions




ADRB Case Report and Directive (cont)		AR20120020426



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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