IN THE CASE OF: BOARD DATE: 26 June 2015 CASE NUMBER: AR20140009695 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the applicant’s characterization was improper. The applicant was not properly notified as to the specific reasons for which he would not get an honorable characterization as required by paragraph 5-1b, AR 635-200. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable. 2. The applicant states, in effect, his request is based on forgiving the mistakes of his youth, and on his current and continuing sobriety. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 June 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 29 December 2007 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: 557th Med Co, 421st Med Bn, USAG, Wiesbaden, Germany f. Current Enlistment Date/Term: 3 August 2005, 4 years g. Current Enlistment Service: 2 years, 4 months, 27 days h. Total Service: 2 years, 4 months, 27 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 68W10, Health Care Specialist m. GT Score: 114 n. Education: GED o. Overseas Service: Germany p. Combat Service: Kuwait (060917-070915) q. Decorations/Awards: NDSM; GWOTSM; ASR; OSR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 3 August 2005, for a period of 4 years. He was 21 years old at the time of entry and had a high school equivalency (GED) / a high school graduate. He was trained in and awarded military occupational specialty (MOS) 68W10, Health Care Specialist. He served in Germany and Kuwait. His record documents no other acts of valor or significant achievement. He completed 2 years, 4 months, and 27 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 10 December 2007, 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 physical condition, not a disability for being diagnosed by competent medical authority with alcohol abuse, depression, obsessive compulsive disorder, and personality disorder with borderline traits. 2. The commander recommended an honorable discharge and advised the applicant of his rights. 3. On 11 December 2007, 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 an honorable discharge. 4. On 13 December 2007, the separation authority directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 29 December 2007, with a characterization of service of general, under honorable conditions. 6. The applicant’s service record shows no evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Report of Mental Status Evaluation, dated 25 October 2007, indicates the applicant was diagnosed with alcohol abuse, depression, obsessive compulsive disorder, and personality disorder NOS with borderline traits. 2. Memorandum, dated 28 September 2007, subject: Report of Mental Status Evaluation on [the applicant], rendered by a staff psychiatrist, indicates a diagnosis of depressive disorder NOS (EPTE); alcohol intoxication, resolved; alcohol abuse (rule out dependence); attention deficit hyperactivity disorder (EPTE); OCD (EPTE); and personality disorder NOS with borderline and immature traits. 3. Article 15, dated 30 November 2007, for disobeying his commander (071025), resisting arrest (070924), committing an assault on five separate occasions (070924), and communicating a threat on two separate incidents (070924). The punishment consisted of a reduction to the grade of E-3, forfeiture of $380 (suspended), and 14 days of extra duty and restriction, (CG). 4. CCIR Arrest and Hospitalization of a Soldier, dated 25 September 2007, describes an incident surrounding the applicant being found drunk in a closet. 5. There is a positive urinalysis reports contained in the record: RO, Rehabilitation, Other, 16 November 2007, (NIF). 6. Two negative counseling statements, dated 5 November 2007, for violating a no-contact order of his commander and communicating a threat. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. Army Regulation (AR) 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, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  2. AR 635-200, paragraph 5-1, 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.  3. 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. DISCUSSION AND RECOMMENDATION: 1. After a careful review of all the applicant’s military records for the period of enlistment under review and the issues he submitted, it appears that the characterization of service was improper. 2. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, 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. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. Therefore, the characterization not being proper and equitable, recommend the Board grant full relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 26 June 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: NA Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department IADT – Initial Active Duty Training OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade MP – Military Police RE - Reentry Honorable Conditions ADRB Case Report and Directive (cont) AR20140009695 Page 2 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1