IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 August 2013

      CASE NUMBER:  	AR20130003420
___________________________________________________________________________

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 uncharacterized discharge to general, under honorable conditions and a change to the narrative reason and separation code. 

2.  The applicant states, in effect, that he suffered from stress fractures during basic training; and consequently became a non-trainer.  He was discharged after serving four months.  He was led to believe that he would be able to enlist in another branch of service within a specific period of time after he had fully healed.  He attempted to reenlist in the ARNG and due to an unfavorable separation code he was unable to do so. 
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 February 2013	
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			13 November 2012	
d. Reason/Authority/SPD/RE Code:	Condition, Not A Disability, AR 635-200,           								Chapter 5-17, JFV, RE-3 	
e. Unit of assignment:			Bravo Troop, 5th Squadron, 15th Cavalry Regiment, 						Fort Benning, GA			
f. Current Enlistment Date/Term:	24 July 2012, 3 years, 21 weeks
g. Current Enlistment Service:	3 months, 20 days
h. Total Service:			3 months, 20 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				106
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 24 July 2012, for a period of 3 years and 21 weeks.  He was 18 years old at the time of entry, a high school graduate, and completed         3 months, and 20 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 16 October 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 for being diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood which was incompatible with military service.

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

3.  On 16 October 2012, the applicant consulted with 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.  The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge.  

4.  On 31 October 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 13 November 2012, by reason of other designated physical or mental condition under the provisions of AR 635-200, Chapters 5-17, with a characterization of service listed as uncharacterized, separation code 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.  Three negative counseling statements are contained in the record dated between             10 October 2012 and 15 October 2012, for event oriented initial counseling for physical or mental condition, secondary counseling failure to overcome condition, separation counseling.

2.  Mental Health Report dated, 18 September 2012, which indicates the applicant was diagnosed with an adjustment disorder with mixed anxiety and depressed mood.
      
EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, congressional correspondence, and a DD Form 214.

POST-SERVICE ACTIVITY: 

None were provided by the applicant.


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 5-17, condition, not a disability.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JVF" will be assigned an RE Code of 3.

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 applicant’s records for the period of enlistment under review, the issue and documents he submitted, 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 which was incompatible with military service.  It was determined this physical condition interfered with his ability to perform his duties as he missed many training sessions and the diagnosis was so severe that his ability to function in the military environment was significantly impaired.  
      
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.  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.  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.  

5.  The applicant desires to reenlist in the Army National Guard.  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. 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 character of the applicant’s discharge is commensurate with his overall service record.  

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:  2 August 2013         Location: Washington, DC

Did the Applicant Testify?  No 

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)		AR20130003420



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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