Application Receipt Date: 060711 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents. 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: NIF Discharge Received: Date: 040807 Chapter: 5-17 AR: 635-200 Reason: Physical Condition, Not A Disability RE: SPD: JFV Unit/Location: HHC 1st Bn 503rd Infantry (Air Assault) APO AP 96224 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: 820503 Current ENL Date: 031028 Current ENL Term: 3 Years ? Current ENL Service: 00 Yrs, 09 Mos, 10 Days ????? Total Service: 01 Yrs, 11 Mos, 22 Days ????? Previous Discharges: ARNG-020816-021118/NA ADT-021119-030417/UNC ARNG-030418-031028/HD Highest Grade: E2, it appears that the applicant attained the grade of PFC/E3; however, at the time of discharge his DD Form 214 reflects the grade of PV2/E2, and there is no evidence of nonjudicial punishment. Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Spec GT: 95 EDU: GED Cert Overseas: Korea Combat: None Decorations/Awards: NDSM, GWOTSM, KDSM, ASR 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 the applicant was evaluated and diagnosed by competent medical authority with the following: Axis I, Depressive Disorder, Not Otherwise Specified; Axis II, No Diagnosis. 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 a mental disorder (diagnosed by competent medical authority on 6 July 2004, with having a depressive disorder, not otherwise specified that potentially interfere with the performance of his duties and ability to function as a Soldier), with an honorable characterization of service. He was advised of his rights. 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 subsequently recommended separation from the service and wavier of further rehabilitative efforts. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. The separation authority wavied further rehabilitative requirements and directed that the applicant be discharged with a characterization of service of honorable. 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 issue and documents he submitted, the analyst recommends that relief be denied in this case. A report of mental status evaluation by competent medical authority diagnosed the applicant with a depressive disorder, not otherwise specified based on evaluation from the initial SRP screen and clinical interview, and was appropriately recommended for separation under provisions of Chapter 5-17, AR 635-200. Therefore, the narrative reason for discharge remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 11 July 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 0 No change 0 - Character Change 0 No change 5 - 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 narrative reason for discharge was both proper and equitable, voted to deny relief. 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: 20 July 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060009754 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages