IN THE CASE OF:  	Mr. 

      BOARD DATE:  	25 September 2013

      CASE NUMBER:  	AR20130005591
___________________________________________________________________________

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 narrative reason for 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 a change to the narrative reason for separation.

2.  The applicant states, in effect, there is no reason why his discharge from the military should affect his employment in civilian life.  He graduated from college; enlisted in the Army with very high ASVAB scores indicating he is capable of being successful in the civilian world and a productive citizen.  His discharge was based solely on a failure to adapt to military life. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		18 March 2013
b. Discharge received:			Honorable
c. Date of Discharge:			19 December 2012
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:			B Co, 1-8th Cavalry Regiment, Fort Hood, TX
f. Current Enlistment Date/Term:	15 November 2011, 5 years
g. Current Enlistment Service:	1 year, 1 month, 5 days
h. Total Service:			1 year, 1 month, 5 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-4
l.  Military Occupational Specialty:	11B10, Infantryman
m. GT Score:				125
n. Education:				College Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM, ASR
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		

The applicant enlisted in the Regular Army on 15 November 2011 for a period of 5 years.  He was 22 years old at the time of entry and a college graduate.  He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman.  His record does not contain any evidence of acts of valor or meritorious achievements and he achieved the rank of SPC/E-4.  He was serving at Fort Hood, TX when his discharge was initiated.





SEPARATION FACTS AND CIRCUMSTANCES

1.  The applicant’s record is void of the complete 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 not 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 condition which was not a disability, with an honorable characterization of service.  The DD Form 214 shows a Separation Program Designator (SPD) code of JFV and a reentry (RE) code of 3.  

3.  On 27 November 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service.

4.  The applicant was discharged from the Army on 19 December 2012, with an honorable characterization of service.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

The record does not contain any other relevant information.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; Diploma, Pennsylvania State University, DA Form 3822 (Report of Mental Status Evaluation, three pages, USMEPCOM PCN 680-3AP, Processee/Enlistee Record, two pages, Personal in Nature Information, and DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States.

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.

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 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 a change to the narrative reason for separation.  

2.  The applicant’s record is void of the complete 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 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, paragraph 5-17, AR 635-200, for a condition which was not a disability, with a characterization of service of honorable.  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, 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 Chapter 5, paragraph 5-17, Army Regulation 635-200, for a condition, not a disability.  The regulation further stipulates that no deviation is authorized.  Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3.

5.  The applicant contends there is no reason why his discharge from the military should affect his employment in civilian life.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

6.  The applicant further contends he graduated from college; enlisted in the Army with very high ASVAB scores indicating he is capable of being successful in the civilian world and a productive citizen.  The applicant is to be commended for his efforts.  However, this contention is not a matter upon which the Army Discharge Review Board grants a change in the narrative reason for discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.  

7.  The applicant also contends his discharge was based solely on a failure to adapt to military life.  There is insufficient evidence available in the official record to make a determination upon the applicant's contention as to whether it has merit or the validity thereof.

8.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

9.  Therefore, based on the available evidence and on the presumption of government regularity, it appears the reason for discharge was both proper and equitable, recommend the Board deny relief.


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  25 September 2013     Location:  Washington, DC

Did the Applicant Testify:  No 

Counsel:  NA

Witnesses/Observers:  NA 

Board Vote:
Character Change:  NA	No Change:  NA
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:	NA
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)		AR20130005591



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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