AR20140001826

IN THE CASE OF: Mr.

BOARD DATE: 11 February 2015

CASE NUMBER: AR20140001826
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the applicants 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 APPLICANTS REQUEST AND STATEMENT:

1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable.

2. The applicant states, in effect, that he believes his discharge was given out spite rather than a justified cause. He contends he served honorably for years prior to his dismissal and the only consideration given was to the one incident that occurred during his emergency leave to take care of his family. He contends he had good serve to graduating from PLDC made E-5 honor graduate, made the commandant’s list, various certificates from schools he attended while in service.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 24 January 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 17 November 2003
d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3
e. Unit of assignment: HHB, 1st Bn, 17th FA, Fort Sill, OK
f. Current Enlistment Date/Term: 15 September 1999, 6 years
g. Current Enlistment Service: 4 years, 2 months, 3 days
h. Total Service: 4 years, 2 months, 3 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-5
l. Military Occupational Specialty: 63D20, SP FA SYS Mechanic
m. GT Score: 122
n. Education: HS Graduate
o. Overseas Service: Southwest Asia
p. Combat Service: Kuwait (030328-030530)
q. Decorations/Awards: NDSM, ASR
r. Administrative Separation Board: No
s. Performance Ratings: None
t. Counseling Statements: Yes
u. Prior Board Review: No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 15 September 1999, for a period of 6 years. He was 17 years old at the time of entry and a high school graduate. He was serving at Fort Sill, OK when his discharge was initiated. His record indicates he served a period of combat and achieved the rank of SGT/E-5. The record does not contain any evidence of acts of valor or meritorious achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 17 October 2003, 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 an adjustment disorder with mixed emotional feelings.

2. The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights.

3. On 17 October 2003, 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.

4. On 6 November 2003, the separation authority directed the applicants discharge with a characterization of service of general, under honorable conditions.

5. The applicant was discharged from the Army on 17 November 2003 with a characterization of service of general, under honorable conditions.

6. The applicants service record does not contain any evidence of unauthorized absences or time lost.

EVIDENCE OBTAINED FROM THE APPLICANT’S RECORD:

1. A Report of Behavioral Health Evaluation, which indicates the applicant was diagnosed with an adjustment disorder with mixed emotional features. It was determined by the Behavioral Health Provider, the applicant had a adjustment disorder with mixed emotional features and that the condition was not compatible with further military service. It was also recommended the applicant be separated und Chapter 5-17.

2. A United States District Court Violation Notice, dated 18 September 2003, for operating a vehicle after registration deadline and failing to comply with compulsory insurance law

3. Four negative counseling statements dated between 19 August 2003 and 3 September 2003, for failing to follow a direct order, disrespect to a senior noncommissioned officer, failing to completely inform the chain of command on his spouses pending legal actions which affected his deploy ability, and violation of Article 92 (failing to obey order or regulation), Article 98 (noncompliance with procedural rules), operating vehicle after registration deadline and failing to comply compulsory insurance law.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, distinguished graduate and graduate certificates, certificate for completion of the Primary Leadership Development Course, Army Family Team Building Program, a service school academic evaluation report, certificate of achievements (6), certificate of appreciation, Army Achievement Medal, recommendations for awards (4), certificate from the Association of the United States Army, certificate of graduation, certificate of training (2), certificate of affiliation, and orders for award of the mechanics badge.

POST-SERVICE ACTIVITY:

None was provided with the application.

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 Soldiers 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 applicants military records for the period of enlistment under review and the issue [and documents] 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: 11 February 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: No Change
Change Authority for Separation: NA
Change RE Code to: NA
Grade Restoration to: NA
Other: NA

Legend:
AMHRR – Army Military Human Resource Record FG – Field Grade IADT Initial Active Duty Training RE – Reentry
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 MP Military Police OMPF – Official Military Personnel File UOTHC – Under Other Than Honorable Conditions

ADRB Case Report and Directive (cont) AR20140001826

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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