IN THE CASE OF:  	Ms. 

      BOARD DATE:  	17 April 2013

      CASE NUMBER:  	AR20120022576
___________________________________________________________________________

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 characterization was improper.  The applicant was not properly notified as to the specific reasons for which she 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 to upgrade her characterization of service from general, under honorable conditions to fully honorable.

2.  The applicant states, in effect, that she is trying to receive the Post 9/11 benefits to obtain her degree, become a counselor, and help other veterans, who have similar medical conditions.  She was an E-5 when she accepted the discharge, because she knew that she was not in the right mind to lead and take care of Soldiers.  Her main factors were being diagnosed with PTSD, depression, and bipolar disorder.  She is now a 100% disabled veteran.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	13 December 2012
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	22 October 2005
	d.	Reason/Authority/SPD/RE Code:	Physical Condition, Not a Disability / AR 635-200, 
			Paragraph 5-17 / JFV / RE-3
	e.	Unit of assignment:	B Company, 28th Combat Support Hospital, Fort 
			Bragg, NC
	f.	Current Enlistment Date/Term:	16 November 2001 / 4 years
	g.	Current Enlistment Service:	3 years, 11 months, 7 days
	h.	Total Service:	10 years, 2 months, 2 days
	i.	Time Lost:	None
	j.	Previous Discharges:	RA (940821-981025) / HD 
			RA (981026-001108) / HD
	k.	Highest Grade Achieved:	E-5
	l.	Military Occupational Specialty:	91W (Health Care Specialist)
	m.	GT Score:	112
	n.	Education:	HS Grad
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (030310-040229)
	q.	Decorations/Awards:	NDSM; GWOTEM; GWOTSM; ASR
	r.	Administrative Separation Board: 	No (no record that she executed an election of rights)
	s.	Performance Ratings:	Yes
	t.	Counseling Statements:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:
	
The applicant enlisted in the Regular Army on 21 August 1994 for a period of 4 years and her final reenlistment was on 16 November 2001 for a period of 4 years.  She was 22 years old at the time of entry and a high school graduate.  She served in Iraq.  There is no record of her earning any valor or achievement awards.  She completed 10 years, 2 months, and 2 days of active duty service.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 27 July 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 physical condition, not a disability for being diagnosed by competent medical authority with a chronic mood and anxiety disorder.

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

3.  On 28 July 2005, the applicant waived consultation with legal counsel and did not execute any election of rights.  She did not indicate whether she understood the impact of the discharge action and did not submit a statement in her 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 6 November 2003, 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 22 October 2005, 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. Seven negative counseling statements dated between 28 March 2005 and 24 June 2005, for missing scheduled training; showing up to work late; missing formations, failure to report in proper uniform; dereliction of duty; AWOL; disobeying and disrespectful toward a superior commissioned officer; disobeying orders and regulations; and missing movement. 

2.  Six NCOERs covering the period of April 2001 to August 2005.  The applicant was rated by the rater and senior rater, as follows:

	a.  April 2001 to April 2004 - “Among the Best” and 1/1 
	b.  February 2004 to December 2004 - “Fully Capable” and 2/2
	c.  January 2005 to August 2005 - “Needs Improvement (Much)” and 5/5 

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 293, dated 7 December 2012; DD Form 214 and discharge orders for service under current review; VA Rating Decision correspondence, dated 21 December 2006; ERB, dated 12 April 2005. 
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 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 and the issue and documents she 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.







SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date:  17 April 2013        Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

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)		AR20120022576



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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