Application Receipt Date: 060915 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See applicant's attached DD Form 293 and supporting 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: 060304 Discharge Received: Date: 060412 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: A Company, 2d Battalion, 6th Infantry Regiment, 2d Brigade (REAR), 1st Armored Division, Baumholder, Germany, APO AE 09034 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: 851021 Current ENL Date: 040920 Current ENL Term: 03 Years 18 Weeks Current ENL Service: 01 Yrs, 06Mos, 23Days ????? Total Service: 01 Yrs, 06Mos, 23Days ????? Previous Discharges: None Highest Grade: E3 Performance Ratings Available: Yes No MOS: 11B10 (Infantryman) GT: 108 EDU: NIF Overseas: Germany Combat: None Decorations/Awards: NDSM, GWOTSM, 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 on 14 February 2006, the applicant was diagnosed with a disorder of Axis I: Dysthymia. On 4 March 2006, 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 conditions (diagnosed by a psychiatrist with a depressive disorder, not otherwise specified and recurrent occupational problem), with a general, under honorable conditions 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 submitted a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 26 March 2006, 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 during the period of enlistment under review, documents and the issue he submitted, the analyst found several mitigating factors that would merit an upgrade of the applicant's discharge. Army Regulation 635-200, Chapter 5 states no Soldier will be awarded a character of service under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his/her service record that warrant such a characterization, using the notification procedure. In view of the foregoing, the characterization of service was improper. Accordingly, the analyst recommends that the applicant’s characterization of service be upgraded to fully honorable. However, the analyst found that the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 24 October 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 5 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 characterization of service was improper. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, 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: Eric S. Moore, Examiner X. Board Action Directed No Change Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 2 November 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060013204 Applicant Name: Mr. ______________________________________________________________________ Page 5 of 5 pages