Applicant Name: ????? Application Receipt Date: 2010/11/01 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that she requests a change to the narrative reason for separation. She alludes to being sexually harassed by a superior during her deployment. She desires to serve her country and be elgible for reenlistment. 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: 060706 Discharge Received: Date: 060728 Chapter: 5-17 AR: 635-200 Reason: Condition, Not A Disability RE: SPD: JFV Unit/Location: E Co, 4th Bde Cbt Tm, (Rear) (Provisional), Fort Campbell, KY 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: 24 Current ENL Date: 040505 Current ENL Term: 04 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: 44B10 Metal Worker GT: 94 EDU: HS Grad Overseas: Southwest Asia Combat: Iraq (051127-060313) Decorations/Awards: NDSM, ICM, GWOTSM, ASR V. Post-Discharge Activity City, State: Hesperia, CA Post Service Accomplishments: None Listed VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record does not contain the applicant's evaluation by competent medical authority and the analyst presumed government regularity in the discharge process. On 6 July 2006, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, other designated physical or mental conditions, by reason of being diagnosed by competent medical authority with a psychotic disorder, not otherwise specified (NOS) (060630), and further indicated that she was not amenable to hospitalization, rehabilitative transfer, training, or reclassification to any other type of duty within the milirary, with an honorable discharge. She was advised of her rights. The applicant's election of rights is not contained in the available record and the analyst presumed government regularity in the discharge process. The unit commander subsequently recommended separation from the service and waiver of further rehabilitative efforts. On 16 July 2006, the separation authority waived further rehabilitative efforts and directed that the applicant be discharged with a characterization of service of fully honorable. 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 record 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 and the issues submitted with the application, the analyst found no mitigating factors that would merit a change to the applicant's narrative reason for discharge. The analyst noted that the applicant was diagnosed by competent medical authority with a psychotic disorder, not otherwise specified (NOS) and recommended separation from the Army. The unit commander appropriately initiated discharge proceedings under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental conditions, with a characterization of service of fully honorable. 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 applicant requested a reason change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of Chapter 5 paragraph 5-17, AR 635-200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," the separation code is "JFV," and the reentry code is "RE 3." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28, separation code, entered in block 26, and RE Code, entered in block 27 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant alludes to being sexually harassed by a superior during her deployment. Although the applicant alleges that she was sexually harassed during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support her request for an upgrade of her discharge. The applicant desires to serve her country and be elgible for reenlistment. At the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of “3.” If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility to reenlist. Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes. Therefore, the analyst determined that the narrative reason for discharge was both proper and equitable and recomends to the board to deny relief. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 18 July 2011 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: NA Witnesses/Observers: NA Exhibits Submitted: DD Form 293, dated (101027). 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 narrative reason for 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 0 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: None 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 AR20100026742 ______________________________________________________________________________ Page 1 of 3 pages