Application Receipt Date: 061010 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's DD Form 293. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: NIF Discharge Received: Date: 050924 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not A Disability RE: SPD: JFV Unit/Location: 125th Forward Support Battalion (Provisional), 3rd Brigade, 1st Amored Division (Provisional), Fort Riley, KS 66442-5000 Time Lost: None Article 15s (Charges/Dates/Punishment): 050825-Wrongfully used marijuana, between on or about (050315) and on or about (050413), (Field Grade). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 811204 Current ENL Date: 011106 Current ENL Term: 4 Years ????? Current ENL Service: 03 Yrs, 10 Mos, 19 Days ????? Total Service: 03 Yrs, 10 Mos, 19 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 25Q10 Graphics Document Spec GT: 104 EDU: HS Grad Overseas: SouthWest Asia Combat: Kuwait/Iraq (030429-040415) Decorations/Awards: ARCOM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 13 June 2005, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Mood Disorder NOS; Cannabis Abuse. The unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Section III, Paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition (diagnosed with an Axis I: Mood Disorder NOS; Cannabis Abuse), with a general, under honorable conditions characterization of service. He was advised of his rights. The applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement in 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. On 19 August 2005, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions. b. Legal Basis for Separation: Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired. Army policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records for the period of enlistment under review and the issue he submitted, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. While the applicant's misconduct is not condoned, the analyst determined that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the overall length of the applicant's service; to include his combat service, and the medical circumstances surrounding his discharge, mitigated the discrediting entry in his service record. However, the analyst determined that the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 26 October 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change 5 No change 0 - Character Change 0 No change 5 - Reason (Board member names available upon request) IX. Board Discussion, Determination, and Recommendation After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board does not condone the applicant's misconduct, however the Board determined that the characterization of service was too harsh, and as a result it is inequitable. The Board determined that the overall length and quality of the applicant's service; to include his combat service, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 5 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060014466 Applicant Name: Mr. ______________________________________________________________________ Page 4 of 4 pages