Applicant Name: ????? Application Receipt Date: 07/10/02 Prior Review Prior Review Date: None I. Applicant Request Request: Upgrade Reason Change RE Code Change Issues: See DD Form 293 and 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: 070321 Discharge Received: Date: 070413 Chapter: 5-17 AR: 635-200 Reason: Condition, Not a Disability RE: SPD: JFV Unit/Location: B Btry, 3rd Bn, 320th Field Artillery Reg, Fort Campbell, KY Time Lost: None Article 15s (Charges/Dates/Punishment): 060621, with intent to deceive made a false official statement to a commissioned officer (060527) and willfully disobeyed a lawful order from a noncommissioned officer (060526), reduction to E2, forfeiture of $356.00, and extra duty for 14 days (CG). Court-Martials (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Year/Month: 8701 HOR City, State: Bluesprings, MS Current ENL Date: 040809 Current ENL Term: 3 Years and 16 weeks Current ENL Service: 02 Yrs, 08Mos, 05Days ????? Total Service: 02 Yrs, 08Mos, 05Days ????? Previous Discharges: None Highest Grade: E4 Performance Ratings Available: Yes No MOS: 13D Field Artillery Auto. GT: 86 EDU: HS Grad Overseas: Kuwait Combat: Kuwait/Iraq (050918-060910) Decorations/Awards: ARCOM, NDSM, GWOTSM, ICM, ASR, OSR. V. Post-Discharge Activity Post Service Accomplishments: Not Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that the applicant was diagnosed with an adjustment disorder with disturbance of conduct (070130). On 21 March 2007, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-17, AR 635-200, by reason of physical condition, not a disability for being mentally unstable, with a general, under honorable conditions discharge. He was advised of his rights. The applicant was informed that he may obtain copies of the documentation that would be sent to the separation authority supporting the proposed separation. The applicant waived his right to consult 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 1 April 2007, 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 for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with disturbance of conduct. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge. The applicant was advised that he could request a copy of the entire separation packet that included numerous negative counseling statements, a company grade Article 15 (060621) and the mental evaluation, these documents provided the basis for the general, under honorable conditions discharge. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, the analyst noted the applicant’s issue, however, separation documents attached to the notification letter provided the specific factors that were the basis for the general under honorable conditions discharge being recommended by the unit commander and that were available to the applicant. In view of the foregoing, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 15 August 2008 Location: Washinton, 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 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 was too harsh based on the applicant’s length and quality of his service to include his combat 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. 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: 21 August 2008 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20070013571 ______________________________________________________________________ Page 1 of 5 pages