IN THE CASE OF:  	Mr. 

      BOARD DATE:  	31 July 2013

      CASE NUMBER:  	AR20130004349
___________________________________________________________________________

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 uncharacterized to honorable and a change to the narrative reason for separation.

2.  The applicant states, in effect, his discharge was inappropriate because he was lied to by his drill sergeant.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		28 February 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			7 August 2008
d. Reason/Authority/SPD/RE:		Condition, Not a Disability, AR 635-200, Chapter 5						paragraph 5-17, JFV, RE-3
e. Unit of assignment:			HQS, 30th AG Battalion (Reception), Fort Benning 						GA
f. Current Enlistment Date/Term:	18 June 2008, 5 years/with a medical waiver (080529)	
g. Current Enlistment Service:	1 month, 20 days
h. Total Service:			1 month, 20 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l.  Military Occupational Specialty:	None
m. GT Score:				89
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 18 June 2008, for a period of 5 years.  He was 20 years old at the time of entry and was a high school graduate.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Benning, GA.

SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence of record shows that on 22 July 2008, the applicant was diagnosed by competent medical authority with a disorder of Axis I:  an adjustment disorder with mixed disturbance of emotions and conduct.  

2.  The evidence contained in the applicant’s record indicates that on 23 July 2008, 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 conditions, specifically for having an adjustment disorder with mixed disturbance of emotions and conduct.

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

4.  On 23 July 2008, the applicant waived his right to consult with legal counsel, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board (although he was not entitled to a board) 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.  

5.  On 30 July 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

6.  The applicant was discharged from the Army on 7 August 2008, with a characterization of service listed as uncharacterized.

7.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

1.  A medical diagnosis dated 22 July 2008, which indicates the applicant was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct.  

2.  The record contains two counseling statements dated 16 July 2008 and 23 July 2008, for initial counseling for physical or mental condition and follow-up counseling-failure to overcome other designated physical or mental conditions.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided DD Form 293; a self-authored statement, three pages; applicant’s letter/with two counseling statements; DD Form 214; and Discharge Orders 219-2223.

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 record 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, 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 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 change the narrative reason for separation.  

2.  The evidence of record shows the applicant, while in training status; was diagnosed by competent medical authority with an adjustment disorder with mixed disturbance of emotions and conduct, a condition which was incompatible with military service.  It was determined that this physical condition interfered with his ability to perform his duties and to function in the military environment.    

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.  AR 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 indicates no such unusual circumstances were present and did not warrant an honorable discharge.  

5.  The applicant requested a change to the narrative reason for separation.  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.  Further, 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.

7.  The applicant contends his discharge was inappropriate because he was lied to by his drill sergeant.  The applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention his discharge was unjust.

8.  Further, 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.  

9.  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:  31 July 2013         Location: Washington, DC

Did the Applicant Testify:	NA

Counsel:  NA

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 RE Code to:		NA
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR20130004349



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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