Applicant Name: ????? Application Receipt Date: 2012/02/27 Prior Review: Prior Review Date: NA I. Applicant Request: Upgrade Reason Change RE Code Change Issues: The applicant states, in effect, that he is a homeless veteran in receipt of services which would allow him sustainable and the ability to live among his community. He made a conscious decision to serve his country during a time of crisis and conflict with two countries. Upon his arrival to basic training his grandmother became very ill and had emergency surgery and later developed complications and as a result she passed away. His grandmother was like a second mother and she cared for him and his sibling daily while his single parent worked. At the time he did not realize the death of his grandmother would have a strong impact on him and he had very little time to process her death and at the time began to display a few systoms relating to grief stricken child who had lost a parent. He was not prepared emotionally or mentally to handle the situation and began to be disruptive and unmanageable. He wants a second chance to be a proud citizen who served his country and he has learned the hard way from his mistakes. He was a nineteen year old boy trying to become a man and today, he is a twnety-five year old black male, trying to live like a man; provide for his family, become self sufficiaent, assist other homeless veterans and serve his country. 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: NIF Date: 050815 Discharge Received: Date: 050916 Chapter: 5-13 AR: 635-200 Reason: Personality Disorder RE: SPD: LFX Unit/Location: HQS Detachment, 55th Personnel Services Battalion, APO, AE, Germany Time Lost: None Article 15s (Charges/Dates/Punishment): 050728, failed to go to his appointed place of duty (050706), disobeyed a lawful order from 1SG, a noncommissioned officer (050706), reduction to Private (E-2), extra duty and restriction for 14 days (CG) Courts-Martial (Charges/Dates/Punishment): None Counseling Records Available: Yes No IV. Soldier’s Overall Record Age at current enlistment: 18 Current ENL Date: 040728 Current ENL Term: 4 Years 19 weeks Current ENL Service: 1 Yrs, 1 Mos, 19 Days ????? Total Service: 1 Yrs, 1 Mos, 19 Days ????? Previous Discharges: None Highest Grade: E-3 Performance Ratings Available: Yes No MOS: 92Y10 Unit Supply Spec GT: 100 EDU: HS Grad Overseas: Germany (050817-050916) Combat: None Decorations/Awards: NDSM, GWOTSM, ASR V. Post-Discharge Activity City, State: ????? Post Service Accomplishments: None submitted by the applicant; however, he has three character reference letters in support of his request for an upgrade of his discharge. VI. Facts, Circumstances, and Legal Basis for Separation a. Facts and Circumstances: The evidence of record shows that on 15 August 2005, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition for being diagnosed by competent medical authority with a mental condition, Dysthymic Disorder, which is a major depressive disorder, manifesting disturbance of emotional control sufficiently severe that his ability to effectively perform his military duties was significantly impaired. The unit commander did not cite a specific type of characterization of the applicant service but indicated in his memorandum that the separation authority may direct that his service be characterized as honorable. He was advised of his rights. On 15 August 2005, 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. On 16 August 2005, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. On 19 August 2005, the separation authority directed the applicant’s discharge under the provisions of AR 635-200, Chapter 5, Paragraph 5-17, due to other designated physical or mental conditions with a characterization of service of general, under honorable conditions; waived further rehabilitative efforts and transferred the applicant to the Individual Ready Reserve (IRR) to complete his statutory service obligation. 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 military records for the period of enlistment under review, the issue and documents he submitted, the analyst determined that the characterization of service was 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 which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. In view of the aforementioned, 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. Additionally, the analyst found that the applicant’s narrative reason for the discharge is inequitable based on the circumstances (the separation authority approved a Chapter 5, Paragraph 5-17 discharge). Someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as “AR 635-200, paragraph 5-13,” block 26, separation code as “LFX,” and block 28, narrative reason for separation as "Personality Disorder." The analyst recommends to the Board that the following blocks be corrected to read; block 25, separation authority “AR 635-200, paragraph 5-17,” block 26, separation code to read "LFV," and block 28, reason for separation to read “Other Designated Physical or Mental Condition,” as it was approved by the separation authority. VII. Summary of Army Discharge Review Board Hearing Type of Hearing: Date: 22 August 2012 Location: Washington, DC Did the Applicant Testify? Yes No Counsel: None Witnesses/Observers: NA Exhibits Submitted: DD Form 293 dated14 February 2012, three character reference letters with various dates. 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 characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition with a general, under honorable conditions discharge. Army Regulation 635-200, Chapter 5, paragraph 5-17, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3, section III. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable. Furthermore, change block 25, separation authority “AR 635-200, paragraph 5-17,” block 26, separation code to read "LFV," and block 28, reason for separation to read “Other Designated Physical or Mental Condition.” IX. Board Decision Board Vote: Character - Change 5 No change 0 Reason - Change 5 No change 0 (Board member names available upon request) X. Board Action Directed Issue a new DD Form 214 Change Characterization to: Change Reason to: “Other Designated Physical or Mental Condition” under the provisions of AR 635-200, Chapter 5, paragraph 5-17 with a corresponding SPD code "LFV." Other: No Change RE Code: Grade Restoration: No Yes Grade: No Change XI. Certification Signature Approval Authority: ARCHIE L. DAVIS III Colonel, U.S. Army President, Army Discharge Review Board BONITA E. TROTMAN Lieutenant Colonel, U. S. Army Secretary Recorder 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 AR20120004526 ______________________________________________________________________________ Page 3 of 4 pages