IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20150002116 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her military service records to show she was honorably discharged.

2.  The applicant states she was diagnosed with a medical condition that prohibited her from completing basic combat training (BCT).  She adds that the injury is hindering her from competing in the workforce.

3.  The applicant provides a copy of a DA Form 4856 (Developmental Counseling Form), dated 24 October 2014.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 27 February 2014 for a period of 8 years.  She further enlisted in the Regular Army on 15 September 2014 for a period of 4 years and 24 weeks.

2.  A Moncrief Army Community Hospital, Fort Jackson, SC, Memorandum for Record, dated 23 October 2014, shows CPT A___ D____, Physical Therapy, evaluated the applicant.  She was suffering with left knee pain, had been on a physical profile for about 1 week, and had only been in BCT 4 weeks.  He added that her medical condition hindered successful completion of initial entry training without additional delays and profiling.  He recommended administrative separation. 


3.  Three DA Forms 4856 completed by Sergeant First Class T___ R____ (Drill Sergeant), First Sergeant (1SG) D___ G____ (Company 1SG), and Captain M___ W. C____, (Company Commander), all dated 24 October 2014, show the applicant was counseled on the basis that she was medically diagnosed with a condition that inhibits her from meeting medical procurement standards and will not allow her to complete BCT.  She was advised she was being recommended for separation under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, (Other designated physical or emotional conditions).  The applicant indicated that she agreed with the summary of all three of the counseling sessions.

4.  The applicant's commander initiated action to discharge her from the service under the provisions of AR 635-200, chapter 5 (Separation for the Convenience of the Government), paragraph 5-17.  He noted that the applicant had been diagnosed with left knee pain, which prevents the successful completion of BCT. The applicant was informed of her rights and that the commander was recommending she receive an uncharacterized (entry-level status) discharge.

5.  On 5 November 2014, the applicant consulted with counsel and was advised of the basis for the contemplated separation action and its effects, the rights available to her, and the effect of a waiver of her rights.

   a.  She was advised she may expect to encounter substantial prejudice in civilian life in the event a general discharge under honorable conditions discharge was issued to her.

   b.  The applicant also acknowledged she understood that if she received a discharge/character of service that was less than honorable conditions she may make application to the Army Discharge Review Board or Army Board for Correction of Military Records for upgrading her discharge.  However, an act of consideration by either board did not imply that her discharge would be upgraded.

   c.  She indicated that statements in her own behalf were not submitted.

   d.  The applicant placed her signature on the document.

6.  Her chain of command recommended approval of the applicant's separation under the provisions of AR 635-200, chapter 5, paragraph 5-17, and that her service be "uncharacterized."


7.  The separation authority approved the recommendation for discharge of the applicant and directed that her service be "uncharacterized."

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged on 14 November 2014.  She had completed 2 months of net active service during this period.  It also shows in –

* item 24 (Character of Service):  Uncharacterized
* item 25 (Separation Authority):  AR 635-200, paragraph 5-17
* item 26 (Separation Code):  "JFV"
* item 28 (Narrative Reason for Separation):  "Condition, Not A Disability"

9.  AR 635-200 sets forth the basic authority for the separation of enlisted personnel from the Army. 

	a.  Chapter 3 (Character of Service/Description of Service), paragraph 3-7a, provides, in part, the honorable characterization may be awarded to a Soldier upon completion of his/her period of enlistment or period for which called or ordered to active duty or active duty training, or where required under specific reason for separation, unless an entry-level status separation (uncharacterized) is warranted.

	b.  Section II (Terms) of the glossary states for Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty.

   c.  Chapter 5, paragraph 5-17, provides that a Soldier may be separated on the basis of other physical or mental conditions not amounting to disability under AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), when the condition 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 (Standards of Medical Fitness).  A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant enlisted in the RA and entered active duty on 
15 September 2014 and she was discharged on 14 November 2014.  She had completed 2 months of active duty service and was in an entry-level status when she was discharged.

2.  The regulatory guidance states an entry-level status Soldier's separation will be "uncharacterized."
3.  The applicant's discharge was administratively correct and in conformance with applicable regulations with no indication of any violations of the applicant's rights.  Accordingly, the type of discharge directed and the reasons therefore were appropriate under the circumstances.

4.  An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20150002116



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002116



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1