Applicant Name: ????? Application Receipt Date: 2010/10/14 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states in effect that his uncharacterized discharge needs to be changed to a specified discharge characterization that he asked for a General discharge as opposed to being recycled again. 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: 080216 Discharge Received: Date: 080306 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: B Co, 2d Bn, 47th Inf Reg, 192d Inf Bde, Ft. Benning, GA Time Lost: None Article 15s (Charges/Dates/Punishment): 080215 on or about 25 January 2008 were disrespectful in language toward a SSG then known by you to be your superior non-commissioned officer; failed to obey lawful order issued by a CPT, then known by you to be your superior commissioned officer: reduction to E-1, forfeiture of $619 of pay for two months, restriction and extra duty for 45 days (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 25 Current ENL Date: 071030 Current ENL Term: 4 Years ????? Current ENL Service: 00 Yrs, 04Mos, 07Days ????? Total Service: 00 Yrs, 04Mos, 07Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: None GT: 121 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Los Angeles, CA Post Service Accomplishments: Nothing provided by the Applicant. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: On 16 February 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 a bipolar disorder which was incompatible with military service and recommended the applicant’s discharge with an entry level uncharacterized separation of service. He was advised of his rights. On 18 February 2008, the applicant waived his right to consult 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 uncharacterized discharge. On 28 February 2008, the separation authority waived further rehabilitative efforts and directed the applicant be discharged with an uncharacterized 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, documents and the issue and documents he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The evidence of record shows the applicant while in training status was diagnosed by competent medical authority with a bipolar disorder, he was not able to complete training with this condition. It was determined this physical condition interfered with his ability to perform his duties. The applicant’s service was uncharacterized because he was in an entry-level status. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. A general, under honorable conditions discharge is not authorized under ELS conditions. In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 February 2010 Location: Dallas, TX Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, ERB and 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. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 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: NA 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 AR20100025712 ______________________________________________________________________________ Page 3 of 3 pages