Applicant Name:  ?????

Application Receipt Date: 2012/03/20	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, "I am requesting that my discharge status be changed from an RE-3 to RE- 1.  My enlistment in the OKNG was at the age of seventeen and being a junior in high school.  This was my first time away from home and I was overwhelmed with separation from family.  Over the past three years, I have graduated from high school and I have attended Northern Oklahoma College majoring in business and was on the Deans Honor Role, which requires a GPA above 3.25.  I have been working every day since earning my own way.  I have been at the same job since I got back, and I know it is not what I want to be doing.  I want to enter the military with the desire to further my education, create a career for myself, serve my county, and make a difference.  I am a much different person now, having matured and gained self-confidence in myself and what I can accomplish.  I am confident I will succeed at what I put my mind too, and right now all I want is that I can become the Soldier that I have dreamed of being.  I am very interested in possibly requesting Officer Candidate School once I have completed basic and AlT and arrive at my duty station.  I just need a chance to prove myself.  There is nothing I want more to be back in the military.  I request this change and urge you to help me."

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 090710
Discharge Received: 			   Date: 090730   Chapter: 5-17       AR: 635-200
Reason: Condition, Not A Disability	   RE:     SPD: JFV   Unit/Location: E Company, 2d Battalion, 19th Infantry Regiment, Fort Benning, Georgia  

Time Lost: None

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  17
Current ENL Date: 090601    Current ENL Term: 8 Years  ?????
Current ENL Service: 	0  Yrs, 2  Mos, 0  Days ?????
Total Service:  		0  Yrs, 2  Mos, 0  Days ?????
Previous Discharges: 	ARNG 090228 - 090531/NA
Highest Grade: E-1		Performance Ratings Available: Yes    No 
MOS: None   GT: 104   EDU: HS Grad   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: Has graduated from high school and has attended Northern Oklahoma College majoring in business and was on the Deans Honor Role, which requires a GPA above 3.25.  Additionally he has been working  at the same job since his discharge.


VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 10 July 2009, 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 other designated physical or mental condition for being diagnosed  by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood which were incompatible with military service and recommended the applicant’s discharge with an entry level uncharacterized separation of service.  He was advised of his rights.  
       
       On 10 July 2009, the applicant declined to consult 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 uncharacterized discharge.  
       
       On 17 July 2009, the separation authority waived further rehabilitative efforts and directed the applicant’s discharge with an uncharacterized separation of service.

       b.  Legal Basis for Separation:  
       Army Regulation 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 under Army Regulation 635-40, which interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army Regulation 635-200 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.  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.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue he submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows while in training status the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood, he was not able to complete training with this condition.  It was determined this condition interfered with his ability to perform his duties as he missed many training sessions and the diagnosis was so severe that the applicant's ability to function in the military environment was significantly impaired.  
       
       The applicant’s service was uncharacterized because he was in an entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  
       
       Further, a general, under honorable conditions discharge is not authorized under ELS conditions and a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and his service did not warrant an honorable discharge.  The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.    The analyst found no evidence of arbitrary or capricious actions by the command and was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  
       
       The applicant contends that he enlisted in the OKNG at the age of seventeen and was still a junior in high school; however, the analyst noted that the applicant met entrance qualification standards to include age.  There is no evidence that the applicant was any less mature than other Soldiers of the same age who successfully completed military service.
       
       The analyst noted the applicant's desire to reenter the military, at the time of discharge the applicant should have been assigned a reentry eligibility (RE) code of “3.”  If reenlistment is desired, the applicant should contact the local recruiter to determine eligibility to reenlist.  Those individuals can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate.
        
       The applicant contends mitigating circumstances contributed to his misconduct; specifically, he was overwhelmed by being away from his family for the first time which contributed to his discharge.  While the applicant may believe this issue was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other resources available to all Soldiers.  Likewise, he has provided no evidence that he should not be held responsible for his misconduct.  
       
             Notwithstanding the propriety of the applicant's discharge, the analyst found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, re-entry code as NA.   Therefore, the analyst recommends to the Board that an administrative change be made to block 27 to read 3,as required by Army regulations in effect at the time.   
        
       In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief.  

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 17 August 2012         Location: Washington, D. C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: None 

Exhibits Submitted: DD Form 293 and a DD Form 214.

VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.

Notwithstanding the propriety of the applicant's discharge, the Board found that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, re-entry code as NA.   Therefore, the Board voted to administratively change be made to block 27 to read 3,as required by Army regulations in effect at the time.  










 
        
IX.  Board Decision						
Board Vote:
Character - Change 0     No change 5 
Reason -     Change 0     No change 5 
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder
















Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120005895
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