IN THE CASE OF:  	Mr. 

      BOARD DATE:  	26 February 2014

      CASE NUMBER:  	AR20130012256
___________________________________________________________________________

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

2.  The applicant states, in effect, he is requesting an upgrade of his discharge in order to use his veteran’s benefits.  He contends he was diagnosed with depression which was onset during the time of his service and that he was released due to symptoms and circumstances related to his diagnosis.  He states he was subsequently diagnosed with a bipolar disorder and schizophrenia which he contends was related to his time on active duty.  
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			1 July 2013
b. Discharge Received:			General, Under Honorable Conditions
c. Date of Discharge:				2 November 2009
d. Reason/Authority/SPD/RE Code:		Unsatisfactory Performance, AR 635-200, 
Chapter 13, JHJ, RE-3
e. Unit of assignment:				Delta Company, 203rd Brigade Support 
Brigade, Fort Benning, GA
f. Current Enlistment Date/Term:		19 August 2008/3 years, 25 weeks
g. Current Enlistment Service:		1 year, 2 months, 14 days
h. Total Service:				1 year, 2 months, 14 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-3
l. Military Occupational Specialty:		91H10, Track Vehicle Repairer
m. GT Score:					84
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWOTSM, ASR
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 19 August 2008 for a period of 3 years and 25 weeks.  He was 20 years old at the time of entry and a high school graduate.  His record is void of any significant acts of achievement or valor.  He completed 1 year, 2 months, and 14 days of active duty service.  When his discharge proceedings were initiated, he was serving at For Benning , Georgia.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On an unknown date, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 13, for unsatisfactory performance, specifically, for multiple incidents of disrespecting an NCO.

2.  On 2 October 2009, the applicant acknowledged receipt of the notice to separate him from the service under the provisions of AR 635-200, Chapter 13 for unsatisfactory performance.

3.  Based on the above, the commander recommended a general, under honorable conditions discharge.

4.  On an unknown date, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge.  

5.  On 20 October 2009, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.  

6.  The applicant was separated on 2 November 2009, under Army Regulation 635-200, Chapter 13, with a general, under honorable conditions discharge, an SPD code of JHJ, and an RE code of 3.       

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Eight negative counseling statements, dated between 15 May 2009 through 3 July 2009, for suicidal ideations, failure to report x 2 (090526), intent to separate under the provisions of AR 635-200, Chapter 13, disrespecting an NCO x 2 (090623, 090622), responsibilities regarding separation from his spouse, being out of uniform, and disobeying a direct order.

2.  A memorandum, dated 27 May 2009, indicating the applicant received counseling on veteran’s educational benefits.  It depicts the applicant was receiving a discharge for a service connected disability discharge and if he participated in the Montgomery GI Bill he would receive one month of benefits for each month served.  

3.  Standard Form 600 (Chronological Record of Medical Care), dated 29 May 2009, reflect the applicant was seen for a mental health screening.  It found that the applicant had no overt psychiatric conditions, was mentally responsible, and able to distinguish right from wrong.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and DD Form 214. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of his application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  

2.  Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service.  

3.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  

4.  The applicant contends he was diagnosed with depression which was onset during the time of his service.  However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

5.  He contends he was subsequently diagnosed with a bipolar disorder and schizophrenia which is related to the time he served on active duty.  However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted.  The record shows that on 29 May 2009, the applicant underwent a mental health evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  It appears the applicant’s chain of command determined that although he may have had some mental issues, he knew the difference between what was right and wrong as indicated by the mental status evaluation.  Further, there are many Soldiers with the same condition that completed their service successfully.

6.  The applicant has requested a change in his discharge so he can use his Veteran’s Administration (VA) health benefits or his Social Security Administration (SSA) disability benefits and VA vocational benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill, vocational benefits, or SSA disability benefits does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs and the Social Security Administration for further assistance.

7.  The records show the proper discharge and separation authority procedures were followed in this case.  

8.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 



















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  26 February 2014     Location:  Washington, DC

Did the Applicant Testify?  NA 

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:	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)		AR20130012256



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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