IN THE CASE OF:	Mr.

      BOARD DATE:  	11 September 2013

      CASE NUMBER:  	AR20130004372
___________________________________________________________________________

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 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 to upgrade his characterization of service from general, under honorable conditions to fully honorable.  

2.  The applicant states, in effect, he was discharged under Chapter 5-17, because his father was ill and he was unable to deal with the mental burden.  The doctor had all the paperwork done in two and a half months.  The unit let the paperwork sit on the commanders’ desk for two months.  The whole point of his discharge was so he could go home and help his family, being an only child.  The unit did not agree with his questioning, when he started to question why it was taking so long.  He went back to the doctor and to the IG, which caused disagreement.  When they finally signed his paperwork, his discharge was general, under honorable conditions.  He served for five years with a 13-month deployment.  Up until all this happened, he was doing fine as a Soldier.  The applicant has attached a self-authored statement.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 February 2013 
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	1 June 2011
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Paragraph 
			5-17, JFV, RE-3
	e.	Unit of assignment:	21st Sig Co, 2nd BSB, Joint Base Lewis-McChord, WA
	f.	Current Enlistment Date/Term:	19 September 2006, 6 years
	g.	Current Enlistment Service:	4 years, 8 months, 13 days
	h.	Total Service:	4 years, 8 months, 13 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	25B10, IT Specialist
	m.	GT Score:	112
	n.	Education:	HS Graduate 
	o.	Overseas Service:	SWA
	p.	Combat Service:	Afghanistan (090629-100707)
	q.	Decorations/Awards:	AAM; AGCM; NDSM; ACM-CS; GWOTSM; ASR 
			OSR; NATO MDL; CAB
	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 19 September 2006, for a period of 6 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Afghanistan.  He earned an AAM.  He completed 4 years, 8 months, and 13 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 26 April 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 physical condition, not a disability for being clinically diagnosed by competent medical authority with experiencing significant difficulties adjusting to the expectations of being a Soldier.

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

3.  On 27 April 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on 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 9 May 2011, 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 1 June 2011, with a characterization of service of general, under honorable conditions.

6.  The applicant’s service record does not contain any evidence of unauthorized absences, Articles 15, or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are six negative counseling statements dated between 22 February 2010 and 29 March 2011, for failing to adapt and being recommended to a behavioral health specialist; threatening to go AWOL; not being recommended for promotion; not being at his appointed place of duty; and showing lack of motivation.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a self-authored statement and a one-page health record, dated 9 September 2010.



POST-SERVICE ACTIVITY: 

The applicant states, in effect, that he is currently enrolled in college with a 3.51 GPA, and he is a member of the honors and veterans clubs.  

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 and the issue 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. 

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

5.  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:  11 September 2013     Location: Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

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:	NA
Change RE Code to:		NA
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)		AR20130004372



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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