IN THE CASE OF:  	Mr. 

      BOARD DATE:  	23 April 2013

      CASE NUMBER:  	AR20120022545
___________________________________________________________________________

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 applicant’s characterization of service was improper.  The applicant was not properly notified as to the specific reasons for which he would not get an honorable characterization as required by paragraph 5-1b, AR 635-200.  Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable.   However, the Board determined that the reason for discharge was proper and equitable and voted not to change it.  







      
      
      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 an upgrade of his discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, that his discharge was inequitable because he received a Soldier of the Year award in 2002.  This indicates that his service was honorable; he also received the Army Service Ribbon and earned his Expert Infantry Badge; along with the team that he led won the battalion competition for mortars.  Given that he earned all of these awards, he doesn’t feel a general under honorable conditions discharge is a fair characterization of his service which was honorable.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 December 2012
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			21 January 2003
d. Reason/Authority/SPD/RE:		Other Designated Physical or Mental Conditions, 						AR 635-200, Chapter 5-17, JFV, RE-3
e. Unit of assignment:			C Co, 2-27th Infantry Regiment, Schofield Barracks, 						HI
f. Current Enlistment Date/Term:	17 September 1999, 5 years	
g. Current Enlistment Service:	3 years, 4 months, 5 days
h. Total Service:			3 years, 4 months, 5 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	11C10, Indirect Fire Infantryman
m. GT Score:				117
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR, OSR, EIB
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 17 September 1999 for a period of 5 years.  He was 19 years old at the time of entry and was a high school graduate.  At the time of his discharge he was serving at Schofield Barracks, HI.  His record does not show any acts of valor, but it indicated he earned an EIB.


SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 25 November 2002, 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 specifically for sleep walking and being diagnosed by competent medical authority with an adjustment disorder with depressed mood.

2.  The commander recommended an honorable discharge and advised the applicant of his rights.  

3.  On 25 November 2002, 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 Service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  

4.  On 20 December 2002, 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 21 January 2003, with a characterization of service of general, under honorable conditions.

6.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  Four negative counseling statements done between 18 October 2002 and November 2002, for being late for formation and the commander’s intention to separate the applicant under provisions Chapter 5, paragraph 5-17, AR 635-200. 

 2.  The record does not contain any Uniform Code of Military Justice actions.  

EVIDENCE SUBMITTED BY THE APPLICANT 

 The applicant provided a DD Form 293, dated 12 December 2012; DA Form 689 (Individual Sick Slip, dated 22 July 2002; and Medical Documentation, four (4) pages, dated 4 September 2002.

POST-SERVICE ACTIVITY: 

The applicant did not provide any.



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.  After a careful review of all the applicant’s military records for the period of enlistment under review, the issues and documents he submitted, it appears that the characterization of service was improper.  

2.  Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, 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. 

3.  The records show the proper discharge and separation procedures were not followed in this case.

4.  Therefore, the characterization not being proper and equitable, recommend the Board grant full relief in the form of an upgrade of the applicant's characterization of service to honorable.  However, the reason for discharge was both proper and equitable, recommend the Board deny relief.  










SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  24 April 2013          Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel: NA

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

Board Action Directed:
Issue a new DD Form 214:		Yes	
Change Characterization to:	Honorable
Change Reason to:			No Change
Change Authority for Separation:	N/A
Change RE Code to:		N/A	
Grade Restoration to:		N/A
Other:					N/A



















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)		AR20120022545



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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