Applicant Name: Application Receipt Date: 070821 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and attached documents submitted by the applicant. 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: 060320 Discharge Received: Date: 060415 Chapter: 5 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: HHB, 5-7 ADA, APO AE 09165 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 Year/Month: 8409 HOR City, State: Willseyville, NY Current ENL Date: 040122 Current ENL Term: 4 Years ????? Current ENL Service: 02 Yrs, 02 Mos, 24 Days ????? Total Service: 02 Yrs, 02 Mos, 24 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 25Q10 Multichannel Transmission System Operator/Maintainer GT: 122 EDU: NIF Overseas: Germany Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: Evidence of record shows that on 9 December 2005, the applicant was evaluated by competent medical authority and diagnosed with Dysthymic Disorder (Depressive Neurosis). The applicant's feelings of depression has adversely affected his ability to perform his duties and has led to some self-destructive impulses, and was recommended for separation action under provisions of Chapter 5-17, AR 635-200. On 20 March 2006, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, Other Designated Physical Or Mental Conditions, by reason of a physical condition, not a disability (dysthymic disorder), and was previously diagnosed with a personality disorder, both which affected his ability to perform military duties, with an honorable discharge. 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 waiver 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. On 31 March 2006, the separation authority waived further rehabilitative efforts and 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 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 during the period of enlistment under review, the issues and document he submitted, the analyst determined that the characterization of service is improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, 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 service record that warrants such a characterization, using the notification procedure. Further, the analyst noted that the applicant's record contained no derogatory information to warrant the characterization of service granted. In view of the foregoing, the analyst recommends to the Board to grant relief in the form of an upgrade of the applicant's characterization of service to fully honorable. However, the analyst determined 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: 28 August 2008 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: Proper Improper 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 too harsh and as a result it is inequitable, based on the medical circumstances surrounding the discharge (i.e., was previously diagnosed with a personality disorder and a dysthymic disorder, both which affected his ability to perform military duties). Accordingly, the Board voted to grant partial relief by changing 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. 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: EDGAR J. YANGER Colonel, U.S. Army President, Army Discharge Review Board Official: CHRISTINE U. MARTINSON DATE: 9 September 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070011748 ______________________________________________________________________ Page 1 of 5 pages