AR20140002755

IN THE CASE OF: Mr.

BOARD DATE: 21 January 2015

CASE NUMBER: AR20140002755
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation that follows, the Board determined the discharge is now inequitable. The Board found the circumstances surrounding his discharge (i.e. medical diagnosis) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Personality Disorder. This action entails a change to the SPD code to JFX.

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 general, under honorable conditions discharge to honorable.

2. The applicant states, in effect, his previous employers have misread his characterization of service discharge as other than honorable. The applicant contends an upgrade of his discharge will alleviate any further confusion and job denials.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date: 10 February 2014
b. Discharge Received: General, Under Honorable Conditions
c. Date of Discharge: 8 December 2004
d. Reason/Authority/SPD/RE Code: Other Designated Physical or Mental
Conditions, AR 635-200, Chapter 5-17, JFV,
RE-3
e. Unit of assignment: Company B, 725th Main Support Battalion,
Schofield Barracks, Hawaii
f. Current Enlistment Date/Term: 30 April 2003/3 years
g. Current Enlistment Service: 1 year, 7 months, 9 days
h. Total Service: 1 year, 7 months, 9 days
i. Time Lost: None
j. Previous Discharges: None
k. Highest Grade Achieved: E-3
l. Military Occupational Specialty: 52D10, Power Generator Equipment Repairer
m. GT Score: NIF
n. Education: HS Graduate
o. Overseas Service: Hawaii, SWA
p. Combat Service: Afghanistan (040214-040722)
q. Decorations/Awards: ACM-BS, GWOTSM, NDSM, ASR, OSR
r. Administrative Separation Board: N/A
s. Performance Ratings: N/A
t. Counseling Statements: Yes
u. Prior Board Review: No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 30 April 2003 for a period of 3 years. He was
19 years old at the time of entry and a high school graduate. He served in Hawaii and Afghanistan and completed 1 year, 7 months, and 9 days of active duty service. When his discharge proceedings were initiated, he was serving at Schofield Barracks, Hawaii.

SEPARATION FACTS AND CIRCUMSTANCES:

1. The evidence of record shows that on 13 October 2004, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5-17, by reason of other designated physical or mental condition, for being diagnosed by competent medical authority with an adjustment disorder with mixed disturbances of emotions and conduct. In addition, for disobeying, disrespecting, and threatening a senior noncommissioned officer.

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

3. On 15 October 2004, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and elected to submit a statement in his own behalf. The record is void of the applicants statement. 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 18 November 2004, 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 8 December 2004, 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. Article 15, dated 24 January 2004, disobeyed a lawful order from an NCO (040612). The punishment consisted of a reduction to the grade of E-2, forfeiture of $312.00 pay per month, 14 days of extra duty and restriction (CG).

2. Two counseling statements, dated 17 June 2004 and 27 August 2004, for failing to obey a direct order and initiation of separation proceedings.

3. Task Force 325th Medical Command Combat Stress Control Memorandum, dated 24 June 2004, reveal an alert and oriented 20-year old male who was not fully cooperative with this evaluation. Furthermore, the applicant was diagnosed with (Axis I) Adjustment Disorder with Mixed Disturbance of Emotions and Conduct and (Axis II) Personality Disorder NOS.

4. DA Form 3822 (Report of Mental Status Evaluation), dated 19 August 2004, reflects that the applicant had a clear and normal thought process and was mentally responsible.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, dated 6 February 2014, and a DD Form 214 covering the period of service under review.

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. The applicants request for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issue he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant’s discharge.

2. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with mixed disturbance of emotions and conduct. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in the service record that would warrant such discharge.

3. The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.

4. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.
5. Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.

BOARD DETERMINATION AND DIRECTED ACTION

After carefully examining the applicants record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined the discharge is now inequitable. The Board found the circumstances surrounding his discharge (i.e. medical diagnosis) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Personality Disorder. This action entails a change to the SPD code to JFX.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review Date: 21 January 2015 Location: Washington, DC

Did the Applicant Testify, NA

Counsel: None

Witnesses/Observers: NA

Board Vote:
Character Change: 4 No Change: 1
Reason Change: 4 No Change: 1
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214: Yes
Change Characterization to: Honorable
Change Reason to: Personality Disorder
Change Authority for Separation: AR 635-200, Chapter 5-13
Change RE Code to: NA
Grade Restoration to: NA
Other: Separation Program Designator (SPC) code JFX

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) AR20140002755

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE

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