Applicant Name: ????? Application Receipt Date: 080610 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: See enclosed DD Form 293 and documents submitted by the Applicant II. Were Proper Discharge and Separation Authority procedures followed? Tender Offer: NA See Attachments: Legal Medical Minority Opinion Exhibits III. Discharge Under Review Unit CDR Recommended Discharge: Date: 060923 Discharge Received: Date: 061026 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: C Co, 82nd BDE Support Bn, 505th Parachute INF Regiment, 82nd Airborne Div, COB Speicher, Iraq Time Lost: None Article 15s (Charges/Dates/Punishment): 060918 wrongfully communicate a threat to kill his squad leader, reduction to E-2; forfeiture of $764 pay per month for two months, suspended; extra duty for 45 days and oral reprimand (FG). Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 32 Current ENL Date: 040805 Current ENL Term: 4 Years ????? Current ENL Service: 2 Yrs, 2Mos, 26Days ????? Total Service: 8 Yrs, 2Mos, 26Days ????? Previous Discharges: USMC 910710-970709/HD Highest Grade: E4 Performance Ratings Available: Yes No MOS: 63X1P Mental Health Special GT: 114 EDU: HS Grad Overseas: Iraq Combat: Iraq (060805-061016) Decorations/Awards: MUC, MCGCM, NDSM, GWOTSM, ASR, NSSDR, MM V. Post-Discharge Activity City, State: Jacksonville, FL Post Service Accomplishments: None 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 not otherwise specified. On 23 September 2006, 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 with a general, under honorable conditions 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. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 28 September 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 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 counseling statements, a field grade Article 15 (060918) 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: 090318 Location: Washington DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: NA VIII. 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 discharge was both proper and equitable and voted to deny relief. IX. Board Decision XI. Certification Signature Board Vote: Approval Authority: Character - Change 0 No change 5 Reason - Change 0 No change 5 (Board member names available upon request) EDGAR J. YANGER Colonel, U.S. Army X. Board Action Directed President, Army Discharge Review Board Issue a new DD Form 214 Change Characterization to: Change Reason to: NA Other: NA RE Code: Grade Restoration: No Yes Grade: NA ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20080009273 ______________________________________________________________________________ Page 1 of 3 pages