Applicant Name: ????? Application Receipt Date: 2010/05/04 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "Recommended by LTC [redacted] for Honorable discharge but given uncharacterized discharge." 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: 081203 Discharge Received: Date: 081219 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: Co B, 369th AG BN, Ft Jackson, SC Time Lost: None Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 26 Current ENL Date: 080205 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 10Mos, 15Days ????? Total Service: 00 Yrs, 10Mos, 15Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: None GT: NIF EDU: NIF Overseas: None Combat: None Decorations/Awards: NDSM V. Post-Discharge Activity City, State: Denton, MD Post Service Accomplishments: None submitted VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: On 3 December 2008, 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 for being diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood and exercise-induced asthma which were incompatible with military service and recommended the applicant’s discharge with an honorable separation of service. He was advised of his rights. On 4 December 2008, 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 an honorable discharge. On 12 December 2008, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with an honorable separation of service. 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 block 24 character of service on the DD Form 214 is erroneous. The separation authority approved an honorable discharge for the applicant and someone in the transition office enter uncharacterized in block 24 on the DD Form 214. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with mixed anxiety and depressed mood and exercise-induced asthma. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service. Therefore, the analyst recommends to the board to administratively correct block 24, character of service to honorable as was approved by the separation authority. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 21 January 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 214 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 discharge was both proper and equitable and voted to deny relief. However, the Board determined that block 24, character of service on the DD Form 214 is erroneous and directed that it be changed to honorable discharge as approved by the separation authority. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 5 No change 0 Reason - Change 0 No change 5 (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: NA RE Code: Grade Restoration: No Yes Grade: NA 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 AR20100014306 ______________________________________________________________________________ Page 3 of 3 pages