Application Receipt Date: 061113 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: 051107 Discharge Received: Date: 051229 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: HHC, 4th Bde Troops Bn, 4th UA, 3d ID, FOB Prosperity, Iraq Time Lost: None Article 15s (Charges/Dates/Punishment): The unit commander states in the recommendation memorandum, date unknown, that the applicant received a FG Art 15 (050825), for violation of General Order #2, reduction to E-1, $617 x 2, 45 days extra duty; and a CG Art 15 (051015), for violation of Article 113, 14 days extra duty. However, these documents are not contained in the available record. Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier's Overall Record DOB: 870201 Current ENL Date: 040504 Current ENL Term: 4 Years Current ENL Service: 1 Yrs, 7Mos, 26Days The net active service for this period on the DD Form 214, item 12c is incorrect; it should read 1 year, 7 months, and 26 days. Total Service: 1 Yrs, 7Mos, 26Days Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 11B10/Infantryman GT: 104 EDU: GED Overseas: SWA Combat: Iraq (050201-051208) Decorations/Awards: NDSM, ASR, OSR, GWOTEM, GWOTSM 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 6 October 2005, the applicant was diagnosed by competent medical authority with a disorder of Axis I: Adjustment Disorder with Depressed Mood; Axis II: Deferred. On 7 November 2005, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of adjustment disorder with a depressed mood; and for receiving a Field Grade Art 15, a Company Grade Art 15, and for receiving multiple negative counseling statements, with a general discharge. He was advised of his rights. The applicant consulted with legal counsel and was advised of the impact of the discharge action, and indicated he would submit a statement in his own behalf; however, the statement is not contained in the available record. 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 an honorable discharge. On a date unknown, 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 specifically provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which 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 Regulation 635-200 states that a soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in his/her service that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant's military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood. The unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of an adjustment disorder with depressed mood; and for receiving a Field Grade Art 15, a Company Grade Art 15, and multiple negative counseling statements, with a general discharge. The applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. By his misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance. Therefore, the analyst determined that the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 18 December 2007 Location: Washington, D.C. 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 4 No change 1 - 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 is now too harsh based on his combat service and circumstances surrounding his discharge, 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. The Board determined that the reason for discharge was proper and equitable and voted not to change it. Case report reviewed and verified by: Esmeralda Proctor, 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: XI. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 20 December 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20060016040 Applicant Name: Mr. ______________________________________________________________________ Page 1 of 5 pages