Applicant Name: ????? Application Receipt Date: 2011/09/19 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he was unfairly discharged for failure to adapt but only had four months left until his ETS. He requests an upgrade of his discharge to fully honorable. 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: 090511 Discharge Received: Date: 090604 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: HHD, 83d Chemical Bn, Fort Polk, LA Time Lost: 29 days, AWOL (080812-080909), mode of return is unknown. Article 15s (Charges/Dates/Punishment): 080924, received an Article 15 and was reduced to E-1 (NIF) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 19 Current ENL Date: 060425 Current ENL Term: 3 Years 24 weeks Current ENL Service: 03 Yrs, 00 Mos, 12 Days ????? Total Service: 03 Yrs, 00 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 63B10/Wheel Veh Mechanic GT: 102 EDU: HS Grad Overseas: Korea Combat: None Decorations/Awards: NDSM, GWOTSM, KDSM, ASR V. Post-Discharge Activity City, State: Bowman, GA Post Service Accomplishments: None listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 11 May 2009, 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 physical condition, not a disability for being diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct, with a general, under honorable conditions discharge. He was advised of his rights. On 11 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation with a general, under honorable conditions discharge. On 20 May 2009, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 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 he submitted, the analyst determined that the characterization of service was improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service 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. Although the applicant received an Article 15 and was AWOL for 29 days, the unit commander did not properly annotate the notification memorandum to properly inform the applicant as to the specific factors which would warrant a general, under honorable conditions characterization of service. Thus, the notification was not properly executed. In view of the aforementioned, the analyst recommends to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. However, the analyst determined the reason for discharge was both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 9 March 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: None 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 applicant was not properly notified as to the specific reasons why he would not get an honorable discharge as specified in paragraph 5-1b, AR 635-200. In view of the foregoing, the Board determined that the characterization of service is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to fully honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 0 No change 5 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature Approval Authority: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army 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 AR20110018888 ______________________________________________________________________________ Page 1 of 3 pages