IN THE CASE OF:  	Ms. 

      BOARD DATE:  	24 April 2013

      CASE NUMBER:  	AR20130000168
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      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 APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her uncharacterized discharge to honorable.  

2.  The applicant states, in effect, that military service caused her to suffer from depressive disorder, NOS to include anxiety disorder, NOS (adjustment disorder with mixed anxiety and depressed mood).  She was diagnosed 50% service connected due to this disorder that was partially caused by the inappropriate actions of training instructors and the paranoia that was initiated while on active duty.  She received counseling on 18 November 2008 that specified that “The least favorable type of discharge you can receive is an Honorable Discharge.”  By the time that her separation counseling and paperwork were complete, she was in such a severe state of anxiety and paranoia, she was not in the appropriate mind-set to correctly review her separation orders.  She was not given other options in regards to, how to handle or escape the inappropriate sexual conduct that was creating the hostile environment.
A failure to adapt discharge, with uncharacterized character of discharge, should not have been an option for separation as she was active duty for 185 days; 5 days over the 180 day limit for chapter 11 purposes. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 December 2012
b. Discharge received:			Uncharacterized
c. Date of Discharge:			18 December 2008
d. Reason/Authority/SPD/RE:		Entry Level Performance and Conduct, Chapter 11, 						AR 635-200, JGA, RE-3
e. Unit of assignment:			A Company, 1-13th Aviation Regiment, 								Fort Rucker, AL
f. Current Enlistment Date/Term:  	17 June 2008, 6 years
g. Current Enlistment Service:  	0 years, 6 months, 2 days
h. Total Service:			0 years, 6 months, 2 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				111
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		Yes
u. Prior Board Review:			No



SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 17 June 2008, for a period of 6 years.  She was 19 years old at the time of entry and was a high school graduate.  She was attending basic training at Fort Rucker, AL, when her separation was initiated.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 12 December 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for receiving a Mental Health evaluation and a diagnosis made on 25 November 2008 for Adjustment Disorder with Depressed mood.  During her psychiatric evaluation she admitted to having had a history of depression since joining the military.  It was evident that she lacked the ability, motivation or desire to handle stress associated with routine military training to become a satisfactory Soldier.

2.  The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights.

3.  On 12 December 2008, waived her right to consult with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge

4.  On 16 December 2008, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  The applicant was separated from the Army on 18 December 2008 with an uncharacterized discharge.

6.  The applicant’s record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There are no counseling statements or UCMJ actions in the record.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant submitted a DD Form 293; DD Form 214; documentation from the Department of Veterans Affairs, 4 pages; and Case Separation Documents, 10 pages.

POST-SERVICE ACTIVITY: 

None provided with the application.
REGULATORY AUTHORITY  

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on entry level separations.  It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

2.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS).  An uncharacterized service description is normally granted to Soldiers separating under this chapter.  

3.  A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service.  An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 

3.  The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized.  Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  The Regulation 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.  

4.  The applicant expresses that she received counseling on 18 November 2008 that specified that “The least favorable type of discharge you can receive is an Honorable Discharge.”   However, an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty.  The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.  

5.  The applicant contends the uncharacterized discharge should not have been an option for separation as she was active duty for 185 days.  The applicant’s contentions are noted; however, the applicant entered active duty on 17 June 2008 and was officially notified by her commander of his intent to separate her on 12 December 2008.  This is a total of 179 days; therefore, the applicant was still in an ELS status.  

6.  The records show the proper discharge and separation authority procedures were followed in this case.

7.  A review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

8.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. 



























SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	Date:  24 April 2013       Location: Washington, DC

Did the Applicant Testify?  No 

Counsel:  None

Witnesses/Observers:  NA

Board Vote:
Character  	Change:  0	No Change:  5
Reason	Change:  0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	No Change
Change Reason to:			No Change
Change RE Code to:		N/A
Grade Restoration to:		N/A	
Change Authority for Separation:	N/A



















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)		AR20130000168



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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