Application Receipt Date: 060511 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293. 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: 050601 Discharge Received: Date: 050615 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not A Disability RE: SPD: JFV Unit/Location: A Company 2nd Bn 502nd IR Fort Campbell, KY 42223-5000 Time Lost: AWOL-59 days (050118-050316), mode of return to military control NIF. However, the DD Form 214, item 29, dates of time lost during this period in not annotated as such. The applicant received an article 15 for this AWOL period. Article 15s (Charges/Dates/Punishment): 050516-AWOL/Field Grade. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record DOB: 840721 Current ENL Date: 021010 Current ENL Term: 3 Years ????? Current ENL Service: 02 Yrs, 08 Mos, 06 Days ????? Total Service: 02 Yrs, 08 Mos, 06 Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 11B10 Infantryman GT: 95 EDU: HS Transcript Overseas: Kuwait/Iraq Combat: Kuwait/Iraq (030301-040228) Decorations/Awards: NDSM, GWOTEM, GWOTSM, ASR, OSB, CIB V. Post-Discharge Activity Home of Record: Current Address: Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 18 April 2005, the applicant was diagnosed with a disorder of Axis I: adjustment disorder with disturbance of conduct, Axis II: personality disorder, not otherwise specified, and Axis III: none. On 27 April 2005, the applicant was again evaluated and diagnosed with a disorder of Axis I: adjustment disorder with depressed mood, Axis II: deferred, and Axis III: none. On 1 June 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, Section III, Paragraph 5-17, AR 635-200, due to him having a mental disorder (diagnosed by DMHS as having an adjustment disorder with disturbance of conduct, this condition prevents him from world wide deployment), with an honorable characterization of service. He was advised of his rights. The record does not indicate whether he consulted with legal counsel and the applicant's election of rights documentation is not a part of the available record, and the analyst is presuming Government regularity in the discharge process. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. 0n 6 June 2005, the separation authority directed that the applicant be discharged 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 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 and the issue he submitted, the analyst recommend to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. This recommendation was made after full consideration of his faithful and honorable service, as well as his record of misconduct. While the applicant's misconduct is not condoned, the analyst concluded that the characterization of service was too harsh, and as a result it is inequitable. The analyst found that the length of the applicant's service, to include his combat service, and the unit and intermediate commander's recommendation for an honorable characterization of service, mitigated the discrediting entry 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: 21 March 2007 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA 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. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board found that the reason for discharge was both proper and equitable and voted not to change it. Case report reviewed and verified by: Mr. Kenneth McFarley, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: None Other: NA RE Code: Grade Restoration: No Yes Grade: None XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 26 March 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060006800 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages