IN THE CASE OF:	Mr.

      BOARD DATE:  	18 October 2013

      CASE NUMBER:  	AR20130003764
___________________________________________________________________________

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 general, under honorable conditions to fully honorable, and to change the separation code that corresponds with the narrative reason for his discharge.

2.  The applicant states, in effect, he is requesting the characterization of his discharge and the separation code to reflect honorable conditions.  He received an Article 15 and was placed on extra duty for missing PT formation as a result of locking his keys in his car.  He spoke to a captain and asked if he had any special ways to “jimmy a lock.”  Apparently the captain thought that was an inappropriate comment and reported it to his first sergeant.  He was an excellent Soldier in his prior unit as the awards and citations in his file show.  For whatever reason, his chain of command had it in for him the first day he transferred.  The first sergeant was doing everything in his power to get him discharged.  The reason for his general discharge is inequitable as his previous years of service were without disciplinary action.  He is also requesting his awards reflect he was awarded the AAM.  His DD Form 214 fails to show the award he received. 
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 February 2013 
	b.	Discharge Received:	General, Under Honorable Conditions 
	c.	Date of Discharge:	27 December 2011 
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Paragraph 
			5-17, JFV, RE-3
	e.	Unit of assignment:	D Trp, 2nd Sqdn, 6th AV Cav, Schofield Barracks, HI
	f.	Current Enlistment Date/Term:	7 July 2009, 6 years
	g.	Current Enlistment Service:	2 years, 5 months, 21 days 
	h.	Total Service:	2 years, 5 months, 21 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None 
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	15J10, OH-58D Armament/Elect
	m.	GT Score:	NIF
	n.	Education:	HS Graduate
	o.	Overseas Service:	HI 
	p.	Combat Service:	None
	q.	Decorations/Awards:	NDSM; GWOTSM; ASR
	r.	Administrative Separation Board: 	No 
	s.	Performance Ratings:	None 
	t.	Counseling Statements:	NIF
	u.	Prior Board Review:	No 




SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 7 July 2009, for a period of 6 years.  He was 19 years old at the time of entry and a high school graduate.  He served in Hawaii.  His record documents no acts of valor or significant achievement.  He completed 2 years, 5 months, and 21 days of active duty service.

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.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s digital signature.  

2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with a general, under honorable conditions characterization of service.  The DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3.  

3.  On 21 November 2011, Orders 325-0012, DA, U.S. Army Garrison-Hawaii, Schofield Barracks, HI, amended by Orders 342-0019, discharged the applicant from the Regular Army, effective 27 December 2011.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 325-0012 and 342-0019, dated 21 November 2011 and 8 December 2011, respectively. 

2.  There is no counseling statement or UCMJ action in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided no further evidence.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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, for 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 his discharge and a change to the separation code that correspondence with the narrative reason for his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issues he submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the separation code that corresponds with the narrative reason for his discharge.  

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 authenticated by the applicant's digital 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, AR 635-200, paragraph 5-17 by reason of a physical condition, not a disability, with a characterization of service of general, under honorable conditions.  Barring evidence to the contrary and applying the principle of government regularity, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   

4.  The applicant's contentions were carefully considered.  However, a determination on whether these contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown.  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. 

5.  The applicant contends the reason for his discharge is inequitable.  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 condition, not a disability.  The regulation further stipulates that no deviation is authorized.  

6.  Furthermore, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 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.

7.  The applicant contends the DD Form 214 fails to show the award.  However, the applicant’s requested change to the DD Form 214 does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.  Moreover, regarding the applicant’s issue that his AAM award is not filed in his AMHRR, according to the iPERMS instructions concerning questions or issues relating to the content of the applicant’s AMHRR, it instructs to please use the following address and including the full name, rank, full SSN, and Army Component: 
* iPERMS Customer Service email: usarmy.knox.hrc.mbx.perms-records@mail.mil. For more information about iPERMS, go to the Army Soldier Records Branch (ASRB) web page at: https://www.hrc.army.mil/TAGD/Army Soldier Records Branch/ASRB or visit S1Net at https://forums.army.mil/.

8.  Therefore, based on what is available in the applicant’s record and applying the presumption of government regularity, it appears that 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:  18 October 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                           


ADRB Case Report and Directive (cont)		AR20130003764



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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