IN THE CASE OF:  	Ms. 

      BOARD DATE:  	17 May 2013

      CASE NUMBER:  	AR20130001624
___________________________________________________________________________

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 her discharge from uncharacterized to honorable and a change in her narrative reason for separation.

2.  The applicant states, in effect, that she believes the nature of her discharge was incorrect as she served honorably until she became injured while performing her mandatory physical requirements.  She contends the VA determined her discharge was service connected disability and that she would like her DD Form 214 to accurately reflect that.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 January 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			22 February 2005
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			120th Fitness Training Center, Fort Jackson, SC
f. Current Enlistment Date/Term:	15 September 2004, 4 years	
g. Current Enlistment Service:	5 month, 8 days
h. Total Service:			5 month, 8 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l.  Military Occupational Specialty:	None
m. GT Score:				114
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
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 15 September 2004, for a period of 4 years.  She was 19 years old at the time of entry and was a high school graduate.  Her record does not show any acts of valor or significant achievements.  At the time of her discharge she was serving at Fort Jackson, SC.


SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s record indicates that on 7 February 2005, 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 femoral neck stress fractures after having been treated extensively it was determined the prognosis and recovery time would unreasonable interfere with her ability to successfully ship to training.

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

3.  On 8 February 2005, the applicant waived her right to consult 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 with an uncharacterized discharge.  

4.  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 22 February 2005, with a characterization of service listed as uncharacterized under the provisions of Chapter 5, paragraph 5-17,         AR 635-200, for other designated physical or mental condition, not a disability, with a Separation Program Designator code (SPD) of JFV and an RE code of 3. 

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.  Memorandum, dated 28 January 2005, which explains the reason for the applicant's recommendation for discharge by the unit commander.

2.  Nine counseling statements, dated between 23 September 2004 and 29 January 2005, relating to the applicant's daily responsibilities as a Soldier in training and initiation of separation actions.









EVIDENCE SUBMITTED BY THE APPLICANT:

Letter from the Department of Veterans Affairs related to summary of benefits received from the Department of Veterans Affairs (VA) and DD Form 214 for the period of service under review.

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.  

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.

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, paragraph 5-17, (other designated physical or mental 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 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 she submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.  
      
2.  The applicant contends the nature of her discharge was incorrect as she served honorably until she became injured while performing her mandatory physical requirements.  The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with femoral neck stress fractures, it was determined the prognosis and recovery time would unreasonable interfere with the applicant's ability to successfully ship to training.  

3.  The applicant’s 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.  Army Regulation 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.  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 the narrative reason for discharge should be changed to reflect service connected disability as stated by the VA.  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 other designated physical or mental condition, not a disability.  The regulation further stipulates that no deviation is authorized.  

6.  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.



7.  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)		AR20130001624



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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