IN THE CASE OF:	Mr. 

      BOARD DATE:	25 June 2014

      CASE NUMBER:	AR20130015128
___________________________________________________________________________

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

2.  The applicant states, in effect, the purpose for his requesting is to pursue his education through the Post 9/11 GI Bill.  His discharge centered on the after effects of his combat service in Iraq from 6 August 2006 to 21 July 2007, that resulted in a PTSD.  He believes his service record that shows the service he rendered in defense of our nation, and not the side and after effects of combat should be taken into consideration.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	15 August 2013
	b.	Discharge Received:	General, Under Honorable Conditions
	c.	Date of Discharge:	31 August 2007
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Paragraph 
			5-17, JFV, RE-3
	e.	Unit of assignment:	B Co, 3rd BSTB, 505th Parachute Infantry Regiment 
			82nd Airborne Division, COB Speicher, Iraq
	f.	Current Enlistment Date/Term:	11 January 2005, 5 years
	g.	Current Enlistment Service:	2 years, 7 months, 20 days
	h.	Total Service:	2 years, 7 months, 20 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	97E1P, Human Intelligence Collector
	m.	GT Score:	123
	n.	Education:	HS Graduate
	o.	Overseas Service:	SWA
	p.	Combat Service:	Iraq (060801-070714)
	q.	Decorations/Awards:	NDSM; ICM; 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 Regular Army on11 January 2005, for a period of 5 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Iraq.  He was trained in and awarded military occupational specialty (MOS) 97E1P, Human Intelligence Collector.  His record documents no other acts of valor or significant achievement.  He completed 2 years, 7 months, and 20 days of active duty service.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 22 June 2007, 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 another designated mental condition—for a pattern of poor adaptability that is of such severity so as to preclude military service and due to his maladaptive responses to routine personal and/or work-related stresses, he may become dangerous to himself or others in the future, and that he communicated a threat to kill his NCO leadership.  

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

3.  On 28 June 2007, the applicant consulted with legal counsel; however, there is no response with an election of rights.  Instead, the applicant provided a statement on his own behalf and his counsel provided a statement on behalf of the applicant.  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 5 July 2007, 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 31 August 2007, 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.  Article 15, dated 17 June 2007, for wrongfully communicating a threat to SGT B and SSG P (070612).  The punishment consisted of reduction to the grade of E-1, forfeiture of $651 per month for two months, 45 days of extra duty and restriction, (FG). 

2.  Two negative counseling statements, dated 15 and 22 June 2007, for being diagnosed with having a mental disorder; being referred to mental health after making threats to kill two NCOs in his chain of command; and having continuing thoughts of hurting others whenever he became angry.

3.  Report of Behavioral Health Evaluation, dated 13 June 2007, indicates the applicant was diagnosed with AXIS I: unspecified mental disorder (blunted moral development and adjustment disorder with depressed mood, and occupational problems; AXIS II:  deferred; and AXIS III:  noncontributory.



EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided DD Form 214 for service under current review.

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 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.  

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review and the issues he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an unspecified mental disorder (blunted moral development), adjustment disorder with depressed mood, and occupational problems.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in the service record that would warrant such discharge.  

3.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant contends that an upgrade of his discharge would allow him educational benefits through the use of the GI Bill.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 for further assistance.

5.  The applicant contends his discharge was centered on the after effects of his combat service, involving PTSD.  However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition.  

6.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  25 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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)		AR20130015128

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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