IN THE CASE OF:  	Mr. 

      BOARD DATE:  	12 July 2013

      CASE NUMBER:  	AR20130001617
___________________________________________________________________________

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 to upgrade his characterization of service from under other than honorable to fully honorable or general, under honorable conditions, and to change the narrative reason for his discharge. 

2.  The applicant states, in effect, that his request for an upgrade is due to an injustice against him.  He served a short time, but a lot occurred in basic training.  He was hospitalized in a psychiatric hospital for four days for suicidal thoughts.  His physical profile suspended all training.  He was prescribed medication for sleep and back pain.  When he returned to his unit, he was still treated like he was in training; he ran up and down the stairs without boot laces that hurt his back; they marched everywhere and did things that hurt his back more in the chaos of basic training.  He realized the unit did not care.  He kept the pain to himself.  He performed details, and guarded weapons on numerous occasions and carrying them to remove them out of the way.  All in clear violations of his profile, to include, loading the truck to transport to the troops, unload, set up the chow area, and back again to the mess hall and the field chow.  He carried heavy black boxes with food inside.  They knew about his back pain and still he performed detail work many days that worsened his back pain.  The pain was so intense that he had to lie down on his back when the truck was moving.  Another profile violation was being taken to the shooting ranges multiple times where he stood guard in towers that caused more pain to his back.  After the range, he had to search for bullets.  He was kept close to the shooting range with so many Soldiers shooting at the same time that shook him.  He felt uncomfortable, because of all the range shooting noise.  His profile indicated he could not be in austere environments and the range events increased the symptoms of the mental disorder that developed to the point that when they returned at night, he was still shaking and caused him to cry.  He also did road guard, standing for hours causing his back to hurt even more, and then had to walk all the way back to the company.  The events occurred many times.  A year later after his discharge, he finds himself in psychiatric treatment with massive back pain.  He never had those issues prior to his enlistment.  He passed all the MEPS tests with perfect results.  The Board should give his case a special condition status and an upgrade, because he always behaved and followed orders while injustices were taken against him.  He also requests an investigation into his injustice claim.  (Note that the applicant submitted several applications at different times.)  Additionally, he requests the Board to conduct disability review using his medical records and the statement he provided to the VA, and to add additional decorations/awards that may he may have earned.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	22 January 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	5 December 2011
	d.	Reason/Authority/SPD/RE Code:	Failed Medical / Physical / Procurement Standards, 
			AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	B Co, 31st Engr Bn, Fort Leonard Wood, MO
	f.	Current Enlistment Date/Term:	25 October 2011
	g.	Current Enlistment Service:	0 years, 1 month, 11 days
	h.	Total Service:	0 years, 2 months, 17 days
	i.	Time Lost:	None
	j.	Previous Discharges:	ARNG (111003-111024) / UNC
			USAF  (040413-040426) / UNC
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	None
	m.	GT Score:	92
	n.	Education:	14 years
	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 Army National Guard on 3 October 2011, for a period of 7 years and 32 weeks, and had reported to Fort Leonard Wood, Missouri, for his active duty training on 25 October 2011.  He was 28 years old at the time of entry and had an associate’s degree.  His record documents no acts of valor or significant achievements.  He was discharged from active duty training and returned to the Army National Guard, where records indicate he was subsequently discharged with an uncharacterized service on 5 December 2011.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 15 November 2011, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s mental health conditions of adjustment disorder with mixed mood and dependent traits in the context of separation from his primary support that existed prior to entry into the Army.  The diagnoses included mild lower back pain, occupational stress, and current global assessment of functioning (GAF): 55.  On 28 November 2011, the applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and did not submit any statement on his behalf.  

2.  On 28 November 2011, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.  

3.  On 30 November 2001, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized.

4.  The applicant was discharged from the Army on 5 December 2011, with a characterization of service listed as uncharacterized.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Four counseling statements dated between 14 November 2011 and 28 November 2011, for being recommended for an administrative separation for medical psychological conditions (adjustment disorder with mixed anxious and depressed mood) and physical impairment that existed prior to service.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided medical record, dated 8 November 2012; ARNG discharge orders, dated 3 January 2012; 4 November 2011 counseling statements; Psych Discharge Summary, dated 10 November 2011; Report of Medical Examination, dated 13 October 2010; profile, dated 10 November 2011; Health Record, dated 6, 7 November 2011; Psychiatrist statement, dated 11 February 2013; Supplemental Health Screening Questionnaire, dated 13 October 2010; USMEPCOM Enlistee Record, dated 1 September 2011; USA MEDDAC Form 980, dated 26 October 2011; Entrance Physical Standards Board (EPSBD) Proceedings, dated 15 November 2011.  Additional documents:  applicant’s self-authored statement addressed to the Army disability review board, undated; VA statement in support of claim, dated 14 April 2013; health record, dated 15 November 2011; medical records and doctors’ statement, dated 25 January 2013, 11 February 2013, 6 November 2011, and 4 March 2013, respectively.

POST-SERVICE ACTIVITY: 

The applicant states provided none.  

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3.  

2.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.  However for Soldiers in entry-level status, it will be uncharacterized.  

3.  Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

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 "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Paragraph 5-11, Failed Medical/Physical/Procurement Standards.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge and change to the narrative reason for his discharge was carefully considered.  However, after a careful review of the entire applicant’s military records, and the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for his discharge.  

2.  The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition, which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, these findings were approved by competent medical authority.  The applicant agreed with these findings and the proposed action for administrative separation from the Army. 

3.  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.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  Further, 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

4.  All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  

5.  The applicant contends the discharge was unjust because he performed military duties that increased the symptoms of his medical condition in violation of his profile.  However, there is no medical evidence in the available record, which indicates the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have specifically warranted his separation processing through other medical channels other than the EPSB that revealed the applicant had a preexisting medical condition prior to entry on active duty, according to the EPSB proceedings.  In addition, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues.  The applicant produced insufficient evidence to support the contention that his discharge was unjust.  The applicant’s statements alone do not overcome the government’s presumption of regularity.  Moreover, the proceedings of the EPSB provide the applicant’s medical condition that was disqualifying for enlistment and that it existed prior to entry on active duty.  The proceedings further reflect the applicant agreement with the findings and the proposed action for administrative separation from the Army upon the findings being approved by competent medical authority.  Accordingly, his contentions are without merit.

6.  The applicant also contends that he may have earned several decorations and awards, which are not included on his DD Form 214.  Therefore, his request for change to the DD Form 214 to reflect any awards will be referred to the Army Board for Correction of Military Records (ABCMR), because his stated contention does not fall within the purview of this Board.  

7.  Furthermore, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The applicant’s uncharacterized discharge commensurate with his entry level status at the time of his discharge.

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
























SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: 	Records Review	  Date:  12 July 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)		AR20130001617

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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