Expert: Jason Grabill - 3/25/2010

Question
i am getting a 5-17 chapter for awol and mental health recommendation but the people at mental health have no clue what they are talking about. am i able to appeal the chapter 5-17?

Answer
Which/what 'mental health'?  Civilian? Military?  

Generally, no.

If you also have AWOL charges, then your 'character of service' will be of less than honorable.

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Here is the pertinent regulation:

AR 635-200
5–17. Other designated physical or mental conditions
a. Commanders specified in paragraph 1–19 may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability (AR 635–40) and excluding conditions appropriate for separation processing under paragraph 5–11 or 5–13 that potentially interfere with assignment to or performance of duty. Such conditions may include, but are not limited to—
(1) Chronic airsickness.
(2) Chronic seasickness.
(3) Enuresis.
(4) Sleepwalking.
(5) Dyslexia.
(6) Severe nightmares.
(7) Claustrophobia.
(8) Other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the soldier’s ability to effectively perform military duties is significantly impaired.
b. When a commander determines that a soldier has a physical or mental condition that potentially interferes with assignment to or performance of duty, the commander will refer the soldier for a medical examination and/or mental status evaluation in accordance with AR 40–501. Command-directed mental status evaluations will comply with paragraph 1–32e. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.
54 AR 635–200 • 6 June 2005
c. Separation processing may not be initiated under this paragraph until the soldier has been counseled formally concerning deficiencies and has been afforded ample opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. (See para 1–16.)
d. Nothing in this paragraph precludes separation of a soldier having a condition as described in a, above, under any other provision of this regulation.
e. Prior to involuntary separation under this paragraph, the notification procedure in chapter 2, section I; or the administrative board procedure in chapter 2, section II, will be utilized.
f. For characterization or description of service, see paragraph 5–1.
g. Commanders specified in paragraph 1–19 are authorized to order separation under this paragraph. See paragraph 1–11 for additional instructions for ARNGUS and USAR soldiers. The criteria in chapter 1, section VII, will govern whether the soldier will be released from AD or ADT with transfer to the IRR, or discharged.

Unless the reason for separation requires a specific characterization, a soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.
b. 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/her service record that warrant such a characterization, using the notification procedure. Such characterization is normally inappropriate for soldiers separated under the provisions of paragraphs
5–4, 5–11, 5–12, 5–15, 5–16, or 5–17