IN THE CASE OF: Ms.
BOARD DATE: 17 May 2013
CASE NUMBER: AR20130000292
___________________________________________________________________________
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 APPLICANTS REQUEST AND STATEMENT:
1. The applicant requests an upgrade of her discharge from uncharacterized to honorable.
2. The applicant states, in effect, she was discharged for a condition, not a disability, because she accepted to receive the discharge and to return home to file her disability claim. She proceeded with filing her claimshe is now receiving VA disability and compensation rated at 40 percent. The reason for her request for an upgrade is so that she may receive veterans benefits such as a VA loan.
DISCHARGE UNDER REVIEW INFORMATION:
a. Application Receipt Date: 17 December 2012
b. Discharge Received: Uncharacterized
c. Date of Discharge: 8 April 2010
d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph
5-17, JFV, RE-3
e. Unit of assignment: C Company, 1st Battalion, 48th Infantry Regiment,
3rd Chemical Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term: IADT, 28 December 2009, NIF
g. Current Enlistment Service: 3 months, 11 days
h. Total Service: 10 months, 0 days
i. Time Lost: None
j. Previous Discharges: USAR (090609-091228) / NIF
k. Highest Grade Achieved: E-2
l. Military Occupational Specialty: None
m. GT Score: 100
n. Education: HS Graduate
o. Overseas Service: None
p. Combat Service: None
q. Decorations/Awards: None
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 U.S. Army Reserve on 9 June 2009 for a period of 8 years, and reported to her active duty training on 28 December 2009. She was 19 years old at the time of entry and a high school, and her records further indicate she has been enrolled in a university a year prior to her enlistment. Her record does not show any acts of valor or significant achievements. She completed 3 months and 11 days of active duty service. She was attending basic training at Fort Leonard Wood, MO, when her separation was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:
1. On 16 March 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 other designated physical or mental condition for being diagnosed by competent medical authority with severe flat feet, which was incompatible with military service.
2. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of her rights.
3. On 16 March 2010, the applicant consulted 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 separation from the Service. The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge.
4. On 25 March 2010, the separation authority waived further rehabilitation and directed the applicants discharge with an uncharacterized separation of service.
5. The applicant was discharged from the Army on 8 April 2010 with a characterization of service listed as uncharacterized.
6. The applicants service record does not contain any evidence of unauthorized absences or time lost.
EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:
1. Counseling statements, dated between 10 February 2010 and 31 March 2010, regarding her separation.
2. Memorandum, dated 5 February 2010, rendered by a medical authority in the Podiatry Clinic, recommending the applicants separation for being diagnosed with severe flat feet and would not be able to withstand the rigors of training with her medical condition.
EVIDENCE SUBMITTED BY THE APPLICANT:
The applicant provided VA decision correspondence, dated 13 July 2011.
POST-SERVICE ACTIVITY:
The applicant provided none.
REGULATORY AUTHORITY:
1. Army Regulation (AR) 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, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldiers ability to function in the military environment is significantly impaired.
2. AR 635-200, paragraph 5-1, 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. It further states that 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.
DISCUSSION AND RECOMMENDATION:
1. The applicants request for an upgrade of the characterization of her discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review and the issues and documents submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.
2. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with severe flat feet, which prevented her from running, climbing stairs/hills, or at times even walking without an increase in pain, she was not able to complete training with this condition. It was determined this physical condition interfered with her ability to perform her duties and the diagnosis was so severe that her ability to function in the military training was significantly impaired.
3. The applicants service was uncharacterized because she was in 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. AR 635-200 also provides, except in cases of serious misconduct, that a Soldiers service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.
4. An 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 applicants service record contains no such unusual circumstances were present and her service did not warrant an honorable discharge. The record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the applicants rights were fully protected throughout the separation process.
5. Further, eligibility for veteran's benefits to include medical and educational benefits under the Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.
6. 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: 17 May 2013 Location: Washington, DC
Did the Applicant Testify? NA
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 Authority for Separation: NA
Change RE Code to: NA
Grade Restoration to: NA
Other: NA
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) AR20130000292
Page 5 of 5 pages
ARMY DISCHARGE REVIEW BOARD (ADRB)
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