IN THE CASE OF:  	

      BOARD DATE:  	2 October 2013

      CASE NUMBER:  	AR20130007343
___________________________________________________________________________

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 a change to the narrative reason for his discharge.

2.  The applicant states, in effect, he received a misdiagnosis while in the service and upon exiting the service, he has received a correct diagnosis which voids the narrative reason for his separation.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			12 April 2013
b. Discharge Received:			Honorable 
c. Date of Discharge:				1 June 2012
d. Reason/Authority/SPD/RE Code:		Condition, Not a Disability, AR 635-200
Chapter 5-17, JFV, RE-3
e. Unit of assignment:				Co A, 307 SC BN 
f. Current Enlistment Date/Term:		8 September 2009, 4 years, 30 weeks
g. Current Enlistment Service:		2 years, 8 months, 23 days
h. Total Service:				2 years, 8 months, 23 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		25Q10, Multichannel Transmission Systems
Operator/Maintainer
m. GT Score:					NIF
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			NDSM, GWTSM, 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 8 May 2009 for a period of 4 years and 30 weeks.  He was 18 years old at the time of entry and a high school graduate.  He completed 
2 years, 8 months, and 23 days of active duty service.  At the time of his discharge he was serving at Schofield Barracks, HI.  His record documents no acts of valor or significant achievements.


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.  The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s electronic signature.  He was discharged as a SPC/E-4.

2.  The DD Form 214 indicates the applicant was discharged under the provisions of 
AR 635-200, Chapter 5-17, for a physical condition which was not a disability and received a characterization of service of honorable.  The DD 214 shows a Separation Program Designator (SPD) code of JFV and a reentry (RE) code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

There are no counseling statements or UCMJ actions in the available record.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), Department of Veteran Affairs (VA) Rating Decision, dated 18 March 2013, VA Award Letter, dated 21 March 2013, VA Form 21-8764 (Disability Compensation Award Attachment), VA Form 21-686c (Declaration of Status of Dependents), VA Form 28-1900 (Disabled Veterans Application for Vocational Rehabilitation), a copy of medical records, printed on 14 March 2013, a hand-written statement by the applicant.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.

REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth 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.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows 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 a condition which was not a disability.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a narrative reason change for the discharge was carefully considered.  However, after examining the applicant’s record of service, his military records, and the documents submitted with the application, there are insufficient mitigating factors to merit a change of the narrative reason of the applicant's discharge.

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  However, the applicant’s record does contain a properly constituted DD Form 214, which was electronically authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and the presumption of government regularity shall prevail in the discharge process.

3.  The DD 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 5-17, for a physical condition which was not a disability, with an honorable characterization of service.  Barring evidence to the contrary, 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 requests that the narrative for his discharge be changed.  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 a physical condition, not a disability.  The regulation further stipulates that no deviation is authorized.

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


SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	Date: 2 October 2013	Location: Washington, DC

Did the Applicant Testify?  No
 
Counsel: None

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:		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)		AR20130007343

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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