IN THE CASE OF:	

      BOARD DATE:  	4 November 2013

      CASE NUMBER:  	AR20130007221
___________________________________________________________________________

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 change the narrative reason for her discharge and the reentry code.

2.  The applicant states, in effect, she enlisted not knowing what she signed up for, because she was lacking independence and mind-control.  Having family issues and being in a hostile working environment, which was investigated after her discharge, she fell into a slight depression, but managed to enroll in a university that started in the fall of 2013, while working and having learned to manage stress in a better way.  The main reason for being depressed was due to failing most of her APFTs.  She has since worked on getting in the best shape.  She would like to serve her country once again as a Reserve or National Guard.  She is continuing her education with the privilege of getting the rest of her G.I. Bill.  She asks for a second and last chance in proving she is capable of becoming an outstanding Soldier for the country she now calls her home which has provided her with so many things.  She is willing to do anything to get her reentry code changed to a “1.”  
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	12 April 2013 
	b.	Discharge Received:	Honorable
	c.	Date of Discharge:	6 May 2012
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Paragraph 
			5-17, JFV, RE-3
	e.	Unit of assignment:	Co G, 302nd BSB, 1st Bn, 15th FA, Korea
	f.	Current Enlistment Date/Term:	12 April 2011, 3 years, 21 weeks 
	g.	Current Enlistment Service:	1 year, 0 months, 25 days
	h.	Total Service:	1 year, 0 months, 25 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-3
	l.	Military Occupational Specialty:	92G10, Food Service Operation Specialist
	m.	GT Score:	103 
	n.	Education:	HS Graduate 
	o.	Overseas Service:	Korea
	p.	Combat Service:	None 
	q.	Decorations/Awards:	NDSM; GWOTSM; KDSM; ASR
	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 12 April 2011, for a period of 3 years and 21 weeks.  She was 19 years old at the time of entry and a high school graduate.  She served in Korea.  Her record documents no acts of valor or significant achievement.  She completed one year and 25 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 8 November 2011, the applicant was diagnosed by competent medical authority with an adjustment disorder with depression.  

2.  The evidence of record further shows that on 13 March 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 physical condition or mental condition, and for constantly expressing she is depressed and contemplating suicide.  

3.  The unit commander recommended an honorable discharge and advised the applicant of her rights.  

4.  On 21 March 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and submitted a statement in her own behalf.  The unit commander subsequently recommended separation from the service.  The intermediate commander reviewed the proposed discharge action and recommended approval with an honorable discharge.  

5.  On 20 April 2012, the separation authority directed the applicant’s discharge with a characterization of service of honorable.

6.  The applicant was discharged from the Army on 6 May 2012, with an honorable characterization of service.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  A negative counseling statement, dated 4 January 2012, for being recommended for involuntary separation.

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

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a doctor’s statement, dated 14 January 2013, and DA Form 3822, Report of Mental Status Evaluation, dated 8 November 2011.



POST-SERVICE ACTIVITY: 

The applicant states, in effect, she enrolled in a university, is employed, learned to manage stress in a better way, and worked on getting in the best shape.  

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, 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 changes in the reason for her discharge and reentry code was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issues and documents she submitted, there are insufficient factors to merit a change to the reason for the discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depression.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service.  

3.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3  and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  

4.  The applicant desires to rejoin the Military Service.  However, 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 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.

5.  The applicant contends, in effect, that she enlisted not knowing what she signed up for, and was lacking independence and mind control.  The record shows the applicant met entrance qualification standards to include age.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

6.  The applicant also contends that she was having issues, such as with her family, failing her APFTs, and being in a hostile working environment that led to her depression that affected her behavior and ultimately caused her to be discharged.  However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance for the issues that led to the separation action under review.  

7.  The applicant contends that since leaving the Army, she enrolled in a university, is employed, learned to manage stress, and working on getting in the best shape.  The applicant’s post-service accomplishments have been noted as outlined in the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for her discharge.  

8.  Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	Date:  4 November 2013   Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.

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:		No Change
Change RE Code to:			No Change
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)		AR20130007221

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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