IN THE CASE OF:  	Mr. 

      BOARD DATE:  	1 May 2013

      CASE NUMBER:  	AR20130000758
___________________________________________________________________________

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 his discharge from uncharacterized to honorable.

2.  The applicant states, in effect, that he would like his discharge from the Army to match his DD Form 214 he received from the U.S. Marine Corps.  He was unable to adapt to the Army’s way of life and when he sought help, he was told that he would be discharged.  There are no negative counseling statements on him and he served his country honorable.  He would like to be able to serve again in the Marine Reserves.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 January 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			27 November 2012
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			HHC, 30th Adjutant General (Reception), Fort 							Benning, GA
f. Current Enlistment Date/Term:	4 October 2012, 3 years, 2 weeks	
g. Current Enlistment Service:	0 years, 1 month, 24 days
h. Total Service:			2 years, 0 months, 28 days
i. Time Lost:				None
j. Previous Discharges:		USMC (060328-080202), HD
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	None
m. GT Score:				125
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM,GWOTSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 4 October 2012, for 3 years and 2 weeks.	
He was 29 years old at the time of entry and was a college graduate.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Benning, GA.




SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 2 November 2012, 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 having been diagnosed by competent medical authority with adjustment disorder with mixed anxiety and depression, which was incompatible with military service.

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

3.  The applicant waived consulting with legal counsel, waived consideration of his case by an administrative separation board even though he was not entitled to one, 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 of with an honorable discharge.  

4.  On 19 November 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

5.  The applicant was discharged from the Army on 27 November 2012, with a characterization of service listed as uncharacterized.

6.  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 medical diagnosis, dated 19 October 2012, indicating the applicant suffered from an adjustment disorder with anxiety and depressed mood.  

2.  Two counseling statements dated 15 October 2012 and 17 October 2012, for refusing to train or ship to a training unit and being declared unfit for duty and recommended for a Chapter 5-17 discharge.  

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293, two DD Form 214s, and seven pages of Case Separation Documents.  

POST-SERVICE ACTIVITY: 

None were provided 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.  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.

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 that warrant such characterization.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review and the issues 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 an adjustment disorder with mixed anxiety and depressed mood, a condition which was incompatible with military service.  It was determined that this physical condition interfered with his ability to perform his duties and to function in the military environment.    

3.  The applicant’s service was uncharacterized because he 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 Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  

4.  A general, under honorable conditions discharge is not authorized under ELS conditions and 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 applicant’s service record contains no such unusual circumstances and his 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 applicant’s rights were fully protected throughout the separation process.  

5.  Further, the applicant has requested a change to the reentry code (RE) in order to rejoin the Service.  However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on AR 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  Recruiters 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. 

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: 1 May 2013	Location: Washington, DC

Did the Applicant Testify?  N/A

Counsel:  None

Witnesses/Observers: N/A

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
Other:					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)		AR20130000758



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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