Applicant Name: ????? Application Receipt Date: 2011/05/09 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, "I am requesting an upgrade of my military discharge on this date 11 April 2011. It has been almost 9 years since I received my General/Under Honorable Conditions Discharge under the AR 635-200 Paragraph 5-17. I have struggled with alcohol and drug addiction since I joined the United States Army in 2000. Since 9 August 2009 I have been clean and sober. To whom this may concern, may you please take into consideration my request. With an Honorable Discharge, I could further my education and obtain Government work. I am unable to do so now." 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: 020625 Discharge Received: Date: 020719 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not A Disability RE: SPD: JFV Unit/Location: Charlie Battery, 2d Battalion, 44th Air Defense Artillery, 101st Airborne Division (Air Assault), Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 020125, disobeyed a lawful order issued by CPT K, not to consume any alcohol over the weekend, by driving while under the influence (020117), violated a lawful general order, use of deadly force, by wrongfully loading a round in the chamber of his weapon (020115), reduction to E-2, forfeiture of $619.00 per month for 2 months, suspended, to be automatically remitted if not vacated before (020726), correctional custody for 30 days, (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 000330 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 3 Mos, 20 Days ????? Total Service: 2 Yrs, 3 Mos, 20 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 52D10 Power Equipment Repairer GT: 107 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: NDSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: On 25 June 2002, 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 as having an Adjustment Disorder with Mixed Disturbance of Emotions and Conduct as well as having Cluster B Personality Traits with Antisocial Features, which were incompatible with military service; additionally, the applicant had difficulty controlling his anger and threatened a Soldier with a loaded weapon while on gate guard and a few days later he was arrested for driving while under the influence of alcohol; and recommended the applicant’s discharge with a general, under honorable condition discharge. He was advised of his rights. On 2 July 2002, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted 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 8 July 2002, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with a general, under honorable conditions discharge. 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 the issue and documents submitted with the application, the analyst recommends that relief be denied in this case. A mental status evaluation by competent medical authority diagnosed the applicant as having an Adjustment Disorder with Mixed Disturbance of Emotions and Conduct as well as having Cluster B Personality Traits with Antisocial Features, which were incompatible with military service. 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 his service record that would warrant a general, under honorable conditions discharge. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 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. The analyst noted the applicant's employment issue; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 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: 16 December 2011 Location: Washington, D. C. Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: None Exhibits Submitted: DD Form 293 with a self-authored statement and a 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: NA Official: BONITA E. TROTMAN Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ????? 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 AR20110010499 ______________________________________________________________________________ Page 1 of 3 pages