Applicant Name: ????? Application Receipt Date: 2010/03/29 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, the following: -He was unaware that his discharge was classified as a voluntary separation. -The discharge hinders the amount of benefits he receives for education purposes. -He wants the discharge upgraded to the disability class level that the government is paying him at which is 70% Service Connected Disability for PTSD. -Due to this discharge he was turned down by over 10 police departments for a job although he finished 2nd in his graduating class. -Due to this separation classification he has never received any medals for his Iraq deployments. 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: NIF Discharge Received: Date: 031229 Chapter: 5-17 AR: 635-200 Reason: Other Designated Physical or Mental Conditions RE: NIF SPD: JFV Unit/Location: 511th MP Co, Fort Drum, NY Time Lost: none Article 15s (Charges/Dates/Punishment): None Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 23 Current ENL Date: 010517 Current ENL Term: 05 Years 00 Current ENL Service: 02 Yrs, 07Mos, 22Days 00 Total Service: 02 Yrs, 07Mos, 22Days 00 Previous Discharges: None Highest Grade: E-4 Performance Ratings Available: Yes No MOS: 31B10/ Military Police GT: NIF EDU: HS Grad Overseas: SWA Combat: Afghanistan (020201-020712), Iraq (030311-030612) and (030801-031011) Decorations/Awards: NDSM,ASR, GWOTSM,ACM V. Post-Discharge Activity City, State: Red Springs, NC Post Service Accomplishments: Applicant states he graduated 2nd out of a class of 34 Cadets in a civilian Police Academy; however he does not provide supporting documentation. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records. However, the record does contain a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates he was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental conditions with an honorable characterization of service. 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 the service that warrant such characterization. c. Response to Issues, Recommendation and Rationale: After a careful review of all the applicant’s available military records, and the issue and documents submitted with the application, the analyst found no mitigating factors that would merit an upgrade of the applicant’s discharge. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the former Soldier’s discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of other designated physical or mental conditions, with a characterization of honorable service. Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The analyst noted the applicant's issue that he feels that he was turned down by over 10 police departments for a job; however, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The analyst noted the applicant's issue of not receiving campaign medals for his service in Iraq; however, the correction the applicant requests to be made to the DD Form 214, does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), utilizing the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant's medical contentions were carefully considered. However, the analyst is unable to determine whether these contentions have merit because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Therefore, the analyst determined 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: 17 December 2010 Location: Washington, D.C. Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 214 (Worksheet), DD Form 214, DD Form 215, DAVA Compensation Decision 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: No Change Other: NA RE Code: Grade Restoration: No Yes Grade: ????? Legend: AWOL Absent Without Leave GCM General Court Martial NA Not applicable SCM Summary Court Martial BCD Bad Conduct Discharge GD General Discharge NIF Not in the file SPCM Special Court Martial CG Company Grade Article 15 HD Honorable Discharge OAD Ordered to Active Duty UNC Uncharacterized Discharge DD Dishonorable Discharge HS High School Graduate OMPF Official Military Personnel File UOTH Under Other Than Honorable FG Field Grade Article 15 IADT Initial Active Duty Training RE Reentry Code Conditions ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE Case Number AR20100011892 ______________________________________________________________________________ Page 3 of 3 pages