IN THE CASE OF:  	Mr. 

      BOARD DATE:  	10 July 2013

      CASE NUMBER:  	AR20130002724
___________________________________________________________________________

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 general, under honorable conditions to honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, he was rated 70% disabled for service connected Post Traumatic Stress Disorder (PTSD) and request the VA diagnosis be considered.  He requests his rank be restored from SPC/E-4 to SGT/E-5.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		7 February 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			10 February 2005
d. Reason/Authority/SPD/RE:		Other Designated Physical or Mental Conditions 						Chapter 5, paragraph 5-17, AR 635-200, JFV, RE-3
e. Unit of assignment:			HHC, 2-14th Infantry Regiment, Fort Drum, NY
f. Current Enlistment Date/Term:	5 March 2003, 3 years
g. Current Enlistment Service:	1 year, 11 months, 6 days
h. Total Service:			4 years, 15 days
i. Time Lost:				None
j. Previous Discharges:		RA-(010126-030304)/HD
k. Highest Grade Achieved:		E-5
l. Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				103
n. Education:				GED Certificate
o. Overseas Service:			Southwest Asia/Romania/Kosovo
p. Combat Service:			Romania/Iraq (030327-030728)
q. Decorations/Awards:		ARCOM, NDSM, GWOTEM, GWOTSM, ASR, CIB 						EIB
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 26 January 2001 for a period of 3 years.  He was 19 years old at the time of entry with a GED Certificate.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  He reenlisted on 5 March 2003, for 3 years and was 21 years old at the time.  His record also shows he served a combat tour and earned several awards including an ARCOM and CIB.  He achieved the rank of SGT/E-5 and earned an EIB.  He was serving at Fort Drum, NY, when his discharge was initiated.



SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant’s signature.  He was discharged as a SPC/E-4.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for other designated physical or mental conditions, with a characterization of service of general, under honorable conditions.  The DD Form 214 shows a Separation Program Designator (SPD) code of JFV and a reentry (RE) code of 3.  

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

4.  The applicant was separated under Orders 026-1015, DA, HQS, 10th Mountain Division (Light Infantry) and Fort Drum, Fort Drum, NY, dated 26 January 2005 with an effective date of 10 February 2005.  

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  An Article 15, dated 20 December 2004 for dereliction of duty by negligently failing to maintain positive control of his weapon (041118); and derelict of duty by negligently failing to keep his weapon at green status while inside the compound (041118); the punishment consisted of reduction to E-4, forfeiture of $863 pay x 1 month (suspended), (FG).

2.  He received a negative counseling statement dated 18 November 2004, for an unsecure weapon left on the cement barrier, his weapon in an amber status in the compound, lack of motivation and discipline, and failed to live up to the standards of an NCO.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; Department of Veterans Affairs (VA), compensation increase, six pages; VA Rating Decision, twelve pages; Letter, Northeast Quabbin District, Department of Veterans Services; DD Form 214; and Discharge Orders 026-1015.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his 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.

DISCUSSION AND RECOMMENDATION:

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

2.  The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army.  However, the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature.  This document identifies the reason and characterization of the discharge.   

3.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental conditions, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary and applying the principle of government regularity, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

4.  The applicant requested a change to the narrative reason for separation.  However, the narrative reason for separation is governed by specific directives.  The applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, in efect at the time.  The narrative reason specified by Army Regulations for a discharge under this paragraph is "Other Designated Physical or Mental Conditions," and the separation code is "JFV."  Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be entered exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes.  The regulation further stipulates that no deviation is authorized.  There was no provision for any other reason to be entered under this regulation.  

5.  The applicant contends he was rated 70% disabled for service connected PTSD and request the VA diagnosis be considered.  The independent document was acknowledged (Department of Veterans Affairs) indicating the applicant was diagnosed with PTSD, determined to be service connected and rated as 70% disabling.  However, this diagnosis did not overcome the reason for discharge and the characterization of service granted.

6.  The applicant requests his rank be restored from SPC/E-4 to SGT/E-5.  The evidence of record shows the applicant was reduced from SGT/E-5 to SPC/E-4, by an Article 15 for multiple violations of the Uniform Code of Military Justice (UCMJ).  Moreover, his rank could only be restored by the applicant going through the promotion process.  

7.  The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration.  If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 

8.  Therefore, based on what is available in the applicant’s record and applying the presumption of government regularity, it appears the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief.






















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  10 July 2013         Location: Washington, DC

Did the Applicant Testify:  NA 

Counsel:  yes [ redacted ]

Witnesses/Observers:  NA 

Board Vote:
Character Change:  1	No Change:  4
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)		AR20130002724



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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