Application Receipt Date: 060308 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. The applicant stated that he served honorably both in the U.S. and in Iraq and he believes his discharge should be characterized as Honorable. 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: 041215 Discharge Received: Date: 050127 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not a Disability RE: SPD: JFV Unit/Location: Headquarters and Headquarters Company, 37th Engineer Battalion, Time Lost: None Article 15s (Charges/Dates/Punishment): 041001-Failure to go to appointed place of duty on (three specifications on 040920, 040913, 040825, and 040809)/Field Grade Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 820914 Current ENL Date: 020416 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 9 Mos, 12 Days ????? Total Service: 2 Yrs, 9 Mos, 12 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 92G1P, Food Service Specialist GT: 120 EDU: HS Grad Overseas: Soutwest Asia Combat: Iraq (030322-030930) Decorations/Awards: AAM, NDSM, GWOTEM, GWOTSM, ASR V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None were submitted. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 29 October 2004, the applicant was evaluated at Womack Army Medical Center, Fort Bragg, NC and diagnosed with major depressive disorder, adjustment disorder with disturbance of emotions and conduct, a disorder currently manifesting disturbances of perception, thinking, emotional control, or behavior sufficiently severe that his ability to effectively perform military duties was significantly impaired. The Womack Army Medical Center recommended that the applicant be separated under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, by reason of physical condition, not a disability. On 15 December 2004, 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 a physical condition, not a disability, with service characterized as general under honorable conditions. He was advised of his rights. The applicant declined the opportunity to consult with legal counsel and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization 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 provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, that 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. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17. 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, the issues he submitted, the analyst recommends that relief be granted in this case in the form of an upgrade of the applicant's character of service to fully Honorable. The evidence of record shows that the applicant was evaluated by competent medical authority and diagnosed with major depressive disorder, adjustment disorder with disturbance of emotions and conduct. The opinion of the medical examiner presented the conditions of the applicant as not amenable to hospitalization, treatment, disciplinary action, or another type of duty within the military. However, the analyst noted that the entire record of misconduct involved failure to go, failure to report to duty, or oversleeping and missing duty formations. Further, the applicant was under treatment for depression with a prescription of the anti depressants Zoloft and Wellbutrin. The applicant's diagnosed medical conditions and resultant record of misconduct were inextricably intertwined. The analyst determined that the characterization of service was too harsh and as a result, it is inequitable. The analyst found that the medical circumstances surrounding the discharge, mitigated the discrediting entries in his service record. However, the reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 January 2007 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: N/A Witnesses/Observers: N/A Exhibits Submitted: N/A 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. 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: 26 January 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060003862 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages