Application Receipt Date: 060210 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. The applicant stated in essence that his discharge was based on one isolated incident involving depression and the clinically prescribed prozac which made his condition worse. He further stated that he attended therapy to assist him subsequent to his discharge. II. Were Proper Discharge and Separation Authority procedures followed? Yes No Tender Offer: ????? See Attachments: Legal Medical Minority Opinion Exhibits III. Original Character of Discharge Unit CDR Recommended Discharge: Date: 981020 Discharge Received: Date: 981104 Chapter: 5-18 AR: 635-200 Reason: Physical Condition, Not a Disability RE: SPD: JFV Unit/Location: Company B, 1st Battalion, 9th Infantry Regiment, 2nd Brigade, 2nd Infantry Division, APO AP 96251 Time Lost: None Article 15s (Charges/Dates/Punishment): None Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 741012 Current ENL Date: 960909 Current ENL Term: 3 Years ????? Current ENL Service: 2 Yrs, 1 Mos, 26 Days ????? Total Service: 2 Yrs, 1 Mos, 26 Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11M10, Infantryman GT: 104 EDU: HS Grad Overseas: Korea 980812-981104 Combat: None Decorations/Awards: AAM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 20 October 1998, the unit commander notified the applicant of initiation of separation proceedings under the provisions of Chapter 5-18, AR 635-200, by reason of physical condition, not a disability, with a general under honorable conditions discharge. He was advised of his rights. On 1 October 1998, the applicant was evaluated by Division Mental Health Serivce and diagnosed with depressive disorder within the meaning of AR 40-501, AR 635-200 and the Diagnostic Statistical Manual (DSM) IV. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander and the intermediate commander subsequently recommended separation from the service, and waiver of further rehabilitative efforts. On (date NIF), the separation authority directed that the applicant be discharged 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 5-18 specifically provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under AR 635-40, that potentially 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 policy states that the service of personnel separated under this paragraph will be characterized as honorable, general, under honorable conditions, or uncharacterized if in entry-level status. 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, to include his supporting documents, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. The analyst noted from the evidence of the record that the applicant was evaluated by Division Mental Health Service and diagnosed with depressive disorder within the meaning of AR 40-501, AR 635-200 and the Diagnostic Statistical Manual (DSM) IV. The separation authority approved the applicant's discharge with characterization of general under honorable conditions. The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process. Therefore, the reason for discharge and the characterization of service remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 20 December 2006 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: None VIII. Board Decision The discharge was: Proper Improper Equitable Inequitable The characterization of service was: Proper Improper Equitable Inequitable The narrative reasons were: Equitable Inequitable DRB voting record: Change No change (Character) Change No change (Reason) (Board member names available upon request) IX. 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 characterization of service was too harsh and as a result it is inequitable. The Board determined that the overall length and quality of the applicant's service and the circumstances surrounding the discharge, mitigated the discrediting entries) in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. The Board determined that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. John Zangas, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: None RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: ROBERT L. HOUSE Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 21 December 2006 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060002224 Applicant Name: Mr. ______________________________________________________________________ Page 2 of 5 pages