Applicant Name: ????? Application Receipt Date: 2010/03/08 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that according to AR 635-200, Chapter 5, Section 1, 5-1b, he must be notified of the reason for why he received a characterization. He is including the forms he was read and given from chapter packet. II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 091217 Discharge Received: Date: 100120 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: HQ & HQ Company, 3rd Squadron, 2nd Stryker Cavalry Regiment, APO AE Germany Time Lost: None Article 15s (Charges/Dates/Punishment): 090303, wrongfully communicated a threat to a PV2 to injure him by cutting his throat on or about (090201), reduction to Private First Class (E-3), forfeiture of $409.00 pay, suspended, to be automatically remitted if not vacated before (090830), extra duty and restriction for 14 days (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 21 Current ENL Date: Reenl/080314 Current ENL Term: 6 Years The applicant required a moral waiver at the time of enlistment, which was approved on (060531) Current ENL Service: 1 Yrs, 10 Mos, 7 Days ????? Total Service: 3 Yrs, 5 Mos, 12 Days ????? Previous Discharges: RA 060809-080313/HD Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 13F10 Fire Support Spec GT: 111 EDU: GED Cert Overseas: Southwest Asia Combat: Iraq (070816-080826) Decorations/Awards: ARCOM, GCMDL, NDSM, ICMw/CS, ASR, OSR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 17 December 2009, 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 for being diagnosed by competent medical authority with depression on (091123), with a general, under honorable conditions discharge. He was advised of his rights. On 17 December 2009, the applicant consulted with 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 7 January 2010, the separation authority directed 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 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which 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 Regulation 635-200 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. 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. 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 and documents he submitted, the analyst determined that the characterization of service was improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service 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. In view of the aforementioned, the analyst recommends to the board to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. 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: 5 November 2010 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated 26 January 2010, and a copy of his separation packet from the Army. VIII. 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 determined that the applicant was not properly notified as to the reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. In view of the foregoing, the Board determined that the characterization of service is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: No Change Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100010074 ______________________________________________________________________________ Page 1 of 3 pages