Applicant Name:  ?????

Application Receipt Date: 2012/04/04	Prior Review:     Prior Review Date: 29 February 2012

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that he believes he was not equitably or properly discharged and provides the following issue for the board's consideration: 

(1).  He has supporting evidence to support that he was not properly and equitably discharged.  He believes that the Army did not properly and equitably discharge him from the United States Army.  He has documented evidence to support his case, including a statement from his attorney.  He believes that he has submitted his written statement to the Board before but it was not reviewed from what he has read from the response letter from the Army Review Boards Agency. 

(2). He would like to have his, narrative reason for separation, separation code and the reentry eligibility (RE) code changed.  Also, he submitted a supplemental statement from his counsel requesting that the board grant the following on behalf of his client; that the narrative reason for separation be changed to "Secretarial Authority" with the corresponding Separation Code."  

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: 	HD   Date: 100809
Discharge Received: 			   Date: 100910   Chapter: 5-17       AR: 635-200
Reason: Condition, Not a Disability	   RE:     SPD: JFV   Unit/Location: Company H, 232nd Medical Battalion, 32nd Medical Brigade, Fort Sam Houston, TX 

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:  25
Current ENL Date: 100120    Current ENL Term: 4 Years  ?????
Current ENL Service: 	0 Yrs, 7  Mos, 21  Days ?????
Total Service:  		0 Yrs, 7  Mos, 21  Days ?????
Previous Discharges: 	None
Highest Grade: E-4		Performance Ratings Available: Yes    No 
MOS: None   GT: 120   EDU: Coll Grad   Overseas: None   Combat: None
Decorations/Awards: NDSM

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None submitted by the applicant.



VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The specific facts and circumstances leading to the applicant's discharge from the Army are not contained in the available records.  However, the record contains a properly constituted DD Form 214, (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  
       
       The DD Form 214 indicates he was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with an honorable characterization of service.  Furthermore, the DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3.  On 10 September 2010, Orders 253-0101, DA, US Army Installation Management Command, HQS, US Army Garrison, Fort Sam Houston, TX, discharged the applicant from the Regular Army, with an effective date of: 10 September 2010. 
       
       The personnel Electronic Records Management System (IPERMS) which is the processing Records Center/Army Military Human Resources Record (AMHRR) does not have a copy of the applicant's administratrive separation packet; however, the analyst noted the applicant submitted along with his online application and other supporting documents a copy of his administrative separation packet from the Army that shows on 9 August 2010, 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 anxiety and depressed mood.  The unit commander recommended separation with an discharge.  He was advised of his rights.  
       
       On 10 August 2010, 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.  On 20 August 2010, the unit commander subsequently recommended separation from the service.  On 25 August 2010, the intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge.  
       
       On 31 August 2010, the separation authority directed the applicant’s discharge with a characterization of service of honorable.

       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 available military records, the issue and supporting documents submitted with the application, to include the supplemental statement provided by his attorney, the analyst found no mitigating factors that would merit a change to the applicant’s narrative reason for separatrion, separation (SPD) code and the reentry eligibility (RE) code.  
       
       The applicant’s record is void of the specific facts and circumstances concerning the events that led to the applicant's discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge and the analyst presumed government regularity in the discharge process.   
       
       The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability, with a characterization of service of honorable. 
       
       Issue (1):  The analyst noted the applicant's issue he has supporting evidence including a statement from his attorney to support his contention that he was not properly and equitably discharged from the Army.  He believes that he has submitted a written statement to the Board before but it was not reviewed from what he has read from the response letter he received from the Army Review Boards Agency. 
       
       (1)  The issue is rejected.  The analyst acknowledges the applicant's supporting documents he submitted with his application, (i.e., attorney supplemental statement, independent medical documents, psychiatrist diagnosis, etc) and a copy of the administrative separation packet he received upon his separation from the Army which was included in the facts and circumstances in the OSA Form 172. 
       
       The evidence submitted by the applicant shows that a mental status evaluation was conducted by competent medical authority which diagnosed the applicant with an adjustment disorder with mixed anxiety and depressed mood and recommended separation from the Army.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service.  
       
       AR 635-200, Section 11, Guidelines on separation 1-16, entitled counseling and rehabilitative requirements paragraph b; states that when a Soldiers' conduct or performance becomes unacceptable, the commander will ensure that a responsible official notifies the Soldier of his deficiencies.  At least one formal counseling session is required before separation proceedings may be initiated for one or more of the reasons specified in a, above, which applys to other designated physical or mental conditions.
       
       In addition, there must be evidence that the Soldiers deficiencies continued after the initial formal counseling.  The applicant was counseled (i.e., developmental counsel forms) in reference to his adjustment disorder because he failed to adapt to the military service and was informed that he would be provided with weekly counseling on how the command saw his progress.  He was further counseled to continue his regular community mental health/medical appointments until his separation from the Army was final which he agreed to. 
       
       He was counseled again because of his failure to be rehabilitated after being transferred to the medical battalion on the recommendation of a qualified psychologist/psychiatrist with concurrence from the chain of command.  The counseling statement further indicated that the rehabilitation sessions produced no change or improvement after multiple terms of rehabilitative efforts/sessions over five separate occassions.  The applicant expressed to his chain of command that he strongly desired to be separated from the military.  After consulting with legal counsel the applicant indicated that he understood the basis for his separation and its effects and the rights available to him which he authenticated by his signature.  Barring evidence to the contrary, the analyst was satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   
       
       
       
       
       Further, the analyst noted the attorney supplemental statement; wherein the attorny stated in his supplemental statement under Analysis, Numeral 10; the error in discretion associated with the propriety of the applicant's discharge is straightforward; "he was separated under AR 635-200, para 5-13, AR 635-200 and talks about the threshold requirements that are relevant.  However, the DD Form 214 on record and the copy submitted by the applicant indicates the applicant was discharged under the provisions of Chapter 5-17, AR 635-200, by reason of condition, not a disability with an honorable discharge.   
       
       Finally, although a document may not be referred to in its entirety, it does not mean that the analyst or the board members did not consider all aspects of what had been submitted.  
       
       Issue (2):  The applicant and his attorney request that the narrative reason for separation, SPD code and the reentry eligibility (RE) code be changed to Secretarial Authority with the corresponding separation code. 
       
       (2).  The issue is rejected.  The analyst noted the applicant's issue and the attorney supplemental statement requesting that the narrative reason for separation, SPD code and the reentry eligibility (RE) code be changed to Secretarial Authority with the corresponding separation code.  However, the applicant was discharged under the provisions of Chapter 5-17, AR 635-200, by reason of condition, not a disability with an honorable discharge.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability” and the separation code is "JFV" with a reentry eligibility (RE) code "3." 
       
       Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason to be entered under this regulation.  Further, the Board does not grant relief solely for the purpose of gaining employment or enhancing employment opportunities. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 20 August 2012         Location: Washington, DC

Did the Applicant Testify?  Yes     No  

Counsel: yes [redacted]

Witnesses/Observers: None 

Exhibits Submitted: Online application dated 31 March 2012, counsel's brief with attached medical opinions; OMPF, applicant's self authored statement, educational accomplishments, and prior ADRB Board hearing with various dates.  Copy of his transcript from [redacted] University Summer Quarter from 2011-12.












VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony and considering the analyst's recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
        
IX.  Board Decision						
Board Vote:
Character - Change NA    No change NA
Reason -     Change 2    No change 3
(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: No Change
RE Code: 
Grade Restoration:   No   Yes   Grade: No Change

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 AR20120006763
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