IN THE CASE OF:  	Mr. 

      BOARD DATE:  	14 May 2014

      CASE NUMBER:  	AR20130014710
___________________________________________________________________________

Board Determination and Directed Action


After carefully examining the applicant’s record of service during the period of enlistment under review and considering the examiner’s Discussion and Recommendation which follows, the Board determined the applicant’s characterization 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 fully honorable.

2.  The applicant states, in effect, that he was promised an honorable discharge under chapter 5-17 and for some reason his discharge was changed.  He has not found any paperwork showing why it was changed.  He would like his discharge upgraded so he can receive all of his benefits.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		12 August 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			4 April 2011
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			Regimental Support Squadron, 3d Armored Cavalry 						Regiment (Rear)(Provisional), Fort Hood, TX
f. Current Enlistment Date/Term:	24 December 2008, 6 years	
g. Current Enlistment Service:	2 years, 3 months, 11 days
h. Total Service:			4 years, 11 months, 10 days (The DD Form 214 
					record of service is incorrect and should state 4 years, 
					11 months, 10 days total service.)
i. Time Lost:				None
j. Previous Discharges:		USAR (060425-060503), NA									IADT (060504-060901), UNC									USAR (060902-070110), NA									RA (070111-081223), HD										(Concurrent Service)			
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				99
n. Education:				GED
o. Overseas Service:			SWA
p. Combat Service:			Iraq (070612-080830)
q. Decorations/Awards:		ARCOM, AAM, NDSM, ICM-w/CS, 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 USAR on 25 April 2006, for a period of 8 years.  He was 20 years old at the time of entry and had a high school equivalency (GED).  He was order to IADT on 4 May 2006, completed training on 1 September 2006, and returned to his USAR unit.  On 11 January 2007, he enlisted in the Regular Army for three years and two weeks.  On 24 December 2008, he reenlisted for six years.  He was awarded an ARCOM, AAM and served a combat tour in Iraq.  At the time of his discharge he was serving at Fort Hood, TX.
 
SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 11 March 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 other designated physical or mental condition, not a disability, specifically for having been diagnosed by competent medical authority with psychiatric factors, which was incompatible with military service.

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

3.  On 11 March 2011, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, and submitted a statement on his behalf (NIF).  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed action and recommended approval of a general, under honorable conditions discharge.    

4.  On 15 March 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 4 April 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 or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Mental Status Evaluation, dated 28 December 2010, that indicates the applicant suffered from  Axis I: adjustment disorder, with disturbed mood and conduct.  

2.  Several counseling statements covering the period 13 October 2010 through 5 January 2011, for being a high risk Soldier due to his medical condition and marital issues, notification of administrative separation, notification of not being recommended for E-5, and failing to report.  


EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant a DD Form 293 and DD Form 214.

POST-SERVICE ACTIVITY: 

None provided with the application.

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.  It further states that a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

ANALYST’S 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 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.





Board Determination and Directed Action

After carefully examining the applicant’s record of service during the period of enlistment under review and considering the examiner’s Discussion and Recommendation which follows, the Board determined the applicant’s characterization 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.  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  14 May 2014       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:	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)		AR20130014710



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1