IN THE CASE OF:  	Mr.

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130000519
___________________________________________________________________________

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 a change to the narrative reason for separation.

2.  The applicant states, in effect, he desires restoration of his rank (SPC/E-4) and his demotion was due to prescribed medications.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		9 January 2013
b. Discharge received:			Honorable
c. Date of Discharge:			27 July 2011
d. Reason/Authority/SPD/RE:		Condition, Not a Disability, AR 635-200, Chapter 5, 						paragraph 5-17, JFV, RE-3
e. Unit of assignment:			Rear Detachment, 1-26th Infantry Regiment, 							Fort Knox, KY
f. Current Enlistment Date/Term:	14 May 2009, 3 years, 17 weeks
g. Current Enlistment Service:	2 years, 2 months, 15days
h. Total Service:			2 years, 5 months, 5 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-(090223-090513)/HD
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	88M10, Motor Transport Operator
m. GT Score:				102
n. Education:				HS Graduate
o. Overseas Service:			Southwest Asia
p. Combat Service:			Afghanistan (110104-110319)
q. Decorations/Awards:		NDSM, ACM-W/2 CS, GWOTSM, ASR
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 14 May 2009, for a period of 3 years and 17 weeks.  He was 19 years old at the time of entry and a high school graduate.  He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator.  His record also shows he served a combat tour; however, does not show any acts of valor or significant achievements.  He was serving at Fort Knox, KY, when his discharge was initiated.  



SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 25 April 2011, the applicant was diagnosed by competent medical authority with an adjustment disorder with depression and anxiety, and recommended the applicant be separated from the military in accordance with (IAW) Chapter 5-17, AR 635-200.

2.  The evidence of record shows that on 29 June 2011, 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, not a disability, specifically for being diagnosed by competent medical authority with an adjustment disorder with depression and anxiety which significantly interfered with his assignment and performance of duty.

3.  The unit commander recommended an honorable characterization of service and advised the applicant of his rights.

4.  On 30 June 2011, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge.  

5.  The separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable separation of service.

6.  The applicant was discharged from the Army on 27 July 2011, with an honorable characterization of service.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A Report of Mental Status Evaluation, dated 25 April 2011, which indicated the applicant was diagnosed with an adjustment disorder with depression and anxiety.

2.  The applicant received eight negative counseling statements dated from 20 April 2011 through 17 June 2011, for behavioral health treatment, failing to report on numerous occasions, pending administrative separation, and waiving the thirty day period for establishing a family care plan.

3.  A Company Grade Article 15, dated 20 June 2011, for without authority, fail to go at the time prescribed to his appointed place of duty x 3 (110603, 110608, and 110616); the punishment consisted of reduction to E-3, forfeiture of pay in the amount of $429, and extra duty for 14 days.


EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant submitted a DD Form 149, Letter, Acting Chief, Congressional and Special Actions/with allied congressional documents, ten pages; e-mail traffic; applicant’s letter to congressman, two pages; Letter, Conserve, Debt Collection Agency, three pages; a blank DA Form 2789 (Waiver of Indebtedness Application); DD Form 214; and Discharge Order 194-0161.

POST-SERVICE ACTIVITY:  

The applicant did not provide any with the application.

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 Soldier’s 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.

3.  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 record that warrant such characterization.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, condition, not a disability.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change to the narrative reason for separation was carefully considered.  However, after a careful review of all the applicant’s military records for the period of enlistment under review and the issues submitted with the application, there were insufficient mitigating factors to merit a change to the narrative reason for separation.




2.  The applicant requested a change in the reason for separation.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, for condition, not a disability.  The regulation further stipulates that no deviation is authorized.  

3.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3.

4.  The applicant contends his demotion was due to prescribed medications and requested restoration of his rank.  However, the applicant’s requested change to the DD Form 214 does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.

5.  Further, the applicant’s request for restoration of his rank does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization. 

6.  Also, the applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that medication was the reason for him being demoted.

7.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.
















      
SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review        Date:  12 June 2013          Location: Washington, DC

Did the Applicant Testify:  NA

Counsel:  NA

Witnesses/Observers:  NA

Board Vote:
Character Change:  NA	No Change:  NA
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)		AR20130000519



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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