Applicant Name: ????? Application Receipt Date: 2010/12/06 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that his discharge should be uncharacterized instead of dishonorable. 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: 080923 Discharge Received: Dishonorable Date: 081007 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: D Co, 1-50th IN Regt, Fort Benning, GA 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: 18 Current ENL Date: 080530 Current ENL Term: 03 Years 19 Weeks Current ENL Service: 00 Yrs, 04 Mos, 08 Days ????? Total Service: 00 Yrs, 04 Mos, 08 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 98 EDU: HS Grad Overseas: None Combat: None Decorations/Awards: None V. Post-Discharge Activity City, State: Hastings, NE Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 21 August 2008, the applicant was diagnosed by competent medical authority with an adjustment disorder mixed anxiety and depressed mood and recommended administrative separation in accordance with (IAW) Chapter 5-17, AR 635-200. On 23 September 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 with a mental condition (adjustment disorder mixed anxiety and depressed mood) that interferes with his ability to function in the military, with an uncharacterized separation of service. He was advised of his rights. On 23 September 2008, the applicant waived 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 September 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge 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 his/her service record that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s military records during the period of enlistment under review, the issues and documents submitted with the application, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as dishonorable. In view of the error, the analyst recommends to the Board that an administrative change be made to block 24, character of service to "uncharacterized," as approved by the separation authority. Except for the foregoing modification to the applicant's characterization of service, the analyst determined that the reason for discharge was both proper and equitable and voted not to change it. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 3 August 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: [ redacted ] Witnesses/Observers: NA Exhibits Submitted: DD Form 149, dated (101203), with a continuation of issues statement; Letter, [ redacted ] County Veterans Service Office, dated (101203); Partial Chapter 5-17 Discharge Packet, four (4) pages; and a DD Form 214, dated (081007). VIII. Board Discussion, Determination, and Recommendation After a careful review of all the applicant’s military records during the period of enlistment under review, the issue and documents submitted with the application, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as dishonorable. In view of the error, the Board voted to administratively change block 24, character of service to "uncharacterized," as approved by the separation authority. Except for the foregoing modification to the applicant's characterization of service, 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 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: Change block 24, character of service to Uncharacterized, under provisions of AR 635-200. RE Code: Grade Restoration: No Yes Grade: None 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 AR20100029184 ______________________________________________________________________________ Page 2 of 3 pages