Applicant Name: ????? Application Receipt Date: 2011/12/01 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant contends he enlisted in the Army at the age of 17. He further contends going AWOL to avoid hurting himself and others. 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: 090724 Discharge Received: Date: 090814 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: D Co, 447th Signal Bn, Fort Gordon, GA Time Lost: AWOL x 2 for a total of 6 days; (090519-090521) for 3 days, mode of return unknown; (090621-090623) for 3 days, mode of return unknown. Article 15s (Charges/Dates/Punishment): 090626, without authority, absented himself from his unit (AWOL) (090519-090521); reduction to E-1, forfeiture of $326 pay x 1 month (suspended), extra duty for 14 days and restriction for 14 days, (CG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 17 Current ENL Date: 090113 Current ENL Term: 03 Years 32 Weeks Current ENL Service: 00 Yrs, 06 Mos, 26 Days ????? Total Service: 00 Yrs, 06 Mos, 26 Days ????? Previous Discharges: None Highest Grade: E-2 Performance Ratings Available: Yes No MOS: None GT: 110 EDU: GED Overseas: None Combat: None Decorations/Awards: NDSM V. Post-Discharge Activity City, State: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 18 May 2009, the applicant was diagnosed by competent medical authority with an adjustment disorder, this disorder of emotional control and behavior was sufficiently severe that the applicant's ability to effectively perform military duties was significantly impaired, his condition did not amount to disability and recommended that the applicant be expeditiously separated in accordance with (IAW) Chapter 5, paragraph 5-17, AR 635-200. On 24 July 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 other designated physical or mental condition for being diagnosed with an adjustment disorder, with a general, under honorable conditions discharge for misconduct (AWOL x 2). He was advised of his rights. On 24 July 2009, 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 Army. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 3 August 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 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 and the issues submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst noted that the applicant was diagnosed by competent medical authority with an adjustment disorder that interfered with his ability to perform military service and recommended separation from the Army. The unit commander appropriately initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental conditions, with a characterization of service of general, under honorable conditions. The analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends he enlisted in the Army at the age of 17. The applicant met entrance qualification standards to include age. There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant further contends he went AWOL to avoid hurting himself and others. The applicant had many legitimate avenues (i.e., Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers) through which to obtain assistance or relief, without committing the misconduct, which led to the separation action under review. Although the applicant did not properly annotate the DD Form 149 requesting a review of his record for a possible upgrade of his discharge; he was given the benefit of this review as instructed in pertinent part (E.3.1.3.2) by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Therefore, 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: 25 May 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (090113). 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 Board Vote: Character - Change 0 No change 5 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature Approval Authority: Colonel, U.S. Army President, Army Discharge Review Board 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 AR20110024001 _____________________________________________________________________________ Page 3 of 3 pages