IN THE CASE OF:  	

      BOARD DATE:  	12 June 2013

      CASE NUMBER:  	AR20130001170
___________________________________________________________________________

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 that the characterization of his discharge be upgraded to general, under honorable conditions or to honorable. 

2.  The applicant states, in effect, he is trying to reenlist into the military and his discharge is holding him back.  He would also like it changed so that he can go into law enforcement.  His medical documents are holding him back from getting into the military because it states he has a mental health issue which is incorrect.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 January 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				13 December 2007
d. Reason/Authority/SPD/RE Code:		Condition, Not a Disability, AR 635-200 
Chapter 5-17, JFV, RE-3
e. Unit of assignment:				Retraining & Holding Company, 43rd Adjutant 
General Battalion (Reception), 3rd Chemical Brigade, Fort Leonard Wood, MO
f. Current Enlistment Date/Term:		5 September 2007, 5 years
g. Current Enlistment Service:		3 months, 9 days
h. Total Service:				3 months, 9 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-1
l. Military Occupational Specialty:		None
m. GT Score:					88
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 Regular Army on 5 September 2007, for a period of 5 years.  He was 19 years old at the time of entry and a high school graduate.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Leonard Wood, MO.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s record indicates that on 4 December 2007, 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 an adjustment disorder with mixed disturbance of emotions and conduct, which was incompatible with military service.  

2.  The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights.

3.  On 4 December 2007, the applicant waived 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. 

4.  On 5 December 2007, the intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge.  

5.  On 7 December 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

6.  The applicant was discharged from the Army on 13 December 2007, with a characterization of service listed as uncharacterized.

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 mental status evaluation dated 15 October 2007, that indicates the applicant suffered from an adjustment disorder with mixed disturbance of emotions and conduct and has some traits consistent with personality disorder.  

2.  Two counseling statements dated 29 and 30 October 2007, for being recommended for separation by the community mental health and initiation of separation proceedings under the provisions of Chapter 5-17, AR 635-200, by reason of a condition, not a disability.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a letter from the Andrews Center Behavioral Healthcare System dated 6 July 2009.  




POST-SERVICE ACTIVITY: 

The applicant did not provide any post service accomplishments in support of his request for an upgrade of his discharge.  

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.

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, the issue and document 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 disturbance of emotions and conduct, 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 were present 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.  The applicant contends he is trying to reenlist into the military and his discharge is holding him back.  At the time of discharge the applicant was appropriately assigned a reentry code of 3.  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 his 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.  The applicant further contends he would like it changed so that he can go into law enforcement.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

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

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:   12 June 2013         Location:  Washington, DC

Did the Applicant Testify?  No 

Counsel: None

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:		No Change
Change RE Code to:			No Change
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)		AR20130001170



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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