IN THE CASE OF: BOARD DATE: 10 July 2015 CASE NUMBER: AR20140008447 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the applicant’s characterization of service was improper. The applicant was not properly notified as to the specific reasons for which he would not get an honorable characterization as required by paragraph 5-1b, AR 635-200. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his general, under honorable conditions characterization of service to honorable with a full medical discharge. 2. The applicant states, in effect, after being wounded in Iraq he was returned stateside to his unit and began the medical evaluation board process. He states, he was mentally on the edge and got into a confrontation with the rear detachment commander. He states he was threatened with confinement for insubordination but mental health officials recommended a mental disorder discharge from the Army. He states, his medical evaluation board was cancelled and he was administratively discharged. He states, he earned a Purple Heart (PH) and was granted an 80 percent disability rating by the Department of Veterans Affairs. He states, he was not treated or discharged fairly from the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 9 May 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 December 2005 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: HHS, 2-4th Field Artillery Brigade, Fort Sill, OK f. Current Enlistment Date/Term: 7 January 2004/3 years (Commander’s Report shows an enlistment date of 16 February 2004 for 3 years) g. Current Enlistment Service: 1 year, 11 months, 6 days h. Total Service: 1 year, 11 months, 6 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 13M10, MLRS/HIMARS Crewman m. GT Score: 105 n. Education: NIF o. Overseas Service: SWA p. Combat Service: Iraq (20050128 - 200506) q. Decorations/Awards: PH, NDSM, ASR, GWOTEM, GWOTSM r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 January 2004, for an unspecified period of time. He was 21 years old at the time of entry. He served in Iraq, earned a Purple Heart and completed 1 year, 11 months, and 6 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Sill, OK. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 19 October 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Army Regulation 635-200, Chapter 5, Section III, Paragraph 5-17, by reason of physical condition, not a disability for being diagnosed by competent medical authority with PTSD. 2. Based on the above, the unit commander recommended a general, under honorable conditions discharge. 3. On 2 November 2005, 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 4. On 2 November 2005, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was separated on 12 December 2005, under the provisions of Army Regulation 635-200, paragraph 5-17, with a general, under honorable conditions discharge, an SPD code of JFV, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Article 15, dated 13 October 2005, for wrongfully communicating a threat on 8 September 2005. The punishment consisted of forfeiture of $339 pay per month for one month (suspended) and 14 days of extra duty and restriction (CG). 2. Article 15, dated 30 November 2004, for being AWOL from 20 September 2004 until 19 October 2004. The punishment consisted of a reduction to the grade of E-1, forfeiture of $597 pay per month for two months (suspended), and 45 days of extra duty and restriction (FG). 3. Article 15, dated 9 August 2004, for failing to go at the time prescribed to his appointed place of duty (040702 x 2, 040706, 040714 x 2). The punishment consisted of 14 days of extra duty and restriction (Summarized). 4. DA Form 4187 (Personnel Action), reflects the applicant’s duty status was erroneously changed from present for duty to AWOL effective 20 September 2004. 5. Three DA Forms 4187, dated 19 October 2004 and 28 October 2004, reflects the applicant’s duty status changes. 6. Several negative counseling statements, dated between 8 July 2004 and 19 September 2005, for Chapter 5-17 separation, being AWOL, failure to go at the time prescribed to his appointed place of duty, and monthly performance counseling. 7. Report of Behavioral Health Evaluation, dated 16 September 2005, reflects the applicant had a clear and normal thought process and content and a diagnosis of PTSD. The applicant was considered conditionally dangerous and recommended for expeditious separation from the military. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 3 May 2014, a letter from the Department of Veterans Affairs, and a DD Form 214. POST-SERVICE ACTIVITY: The applicant did not present any in support of his application. REGULATORY AUTHORITY: 1. Army Regulation (AR) 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, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  2. AR 635-200, paragraph 5-1, 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.  3. 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. DISCUSSION AND RECOMMENDATION: 1. After a careful review of all the applicant’s military records for the period of enlistment under review, the issue and documents he submitted, it appears that the characterization of service was improper. 2. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, 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. 3. The records show the proper discharge and separation procedures were not followed in this case. In view of the foregoing, it is recommended that the applicant’s characterization of service be upgraded to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 July 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140008447 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1