IN THE CASE OF:  	

      BOARD DATE:  	30 October 2013

      CASE NUMBER:  	AR20130007361
___________________________________________________________________________

Board Determination and Directed Action

1.  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 to be both proper and equitable and voted to deny relief.
      
2.  However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 24, contains an erroneous entry.  

3.  The Board directed the following administrative correction and reissue of the applicant’s DD Form 214, as approved by the separation authority: block 24, character of service be changed to uncharacterized. 



      
      
      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 general, under honorable conditions to honorable.

2.  The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of receiving education benefits. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		15 April 2013
b. Discharge received:			General, Under Honorable Conditions
c. Date of Discharge:			19 May 2009
d. Reason/Authority/SPD/RE:		Condition, Not a Disability, AR 635-200, 	chapter 5-17
      JFV, RE-3
e. Unit of assignment:			B Co, 187th OD, Bn, 171st IN Bn, Fort Jackson, SC
f. Current Enlistment Date/Term:	13 November 2008, 3 years and 28 weeks	
g. Current Enlistment Service:	0 years, 6 months, 7 days
h. Total Service:			0 years, 6 months, 7 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-1
l.  Military Occupational Specialty:	None
m. GT Score:				112
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		None
a. Prior Board Review:			No
SUMMARY OF SERVICE:	

The applicant enlisted in the Regular Army on 13 November 2008, for a period of 3 years and 28 weeks.  He was 19 years old at the time of entry and had a high school equivalency.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Jackson, SC.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 24 April 2009, 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, not a disability for exhibiting unstable emotional conditions while undergoing training with his unit and having been recommended for separation by mental health personnel.

2.  The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 

3.  On 28 April 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge.  

4.  On 7 May 2009, the separation authority directed the applicant’s discharge with a characterization of service of uncharacterized.

5.  The applicant was discharged from the Army on 19 May 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 5, paragraph  5-17, AR 635-200, for physical condition, not a disability, with a Separation Program Designator code (SPD) of JFV and an RE code of 3. 

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

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

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293 and a copy of his Department of Veterans Affairs rating decision letter, dated 18 March 2003.

POST-SERVICE ACTIVITY: 

None provided by the applicant.

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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after examining the applicant’s record of service, the documents and the issue submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The evidence of record shows the applicant, while in entry-level status was released from active duty for training under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical or mental conditions not amounting to a disability, with character of service described as general, under honorable conditions.  

3.  However, the characterization of service for Soldiers separated under this provision of the regulation is normally honorable, unless the Soldier is in entry-level status.  A Soldier is in entry-level status for the first 180 days of continuous active duty.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when separated in entry-level status.  For Regular Army Soldiers, entry-level status terminates 180 days after the beginning of training.  The applicant had completed          5 months and 12 days of continued active service at the time he was discharged from active duty; thus, he was in entry level status at the time.  

4.  A general, under honorable conditions discharge is not authorized under ELS conditions and 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 service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

5.  The evidence of record shows the separation authority approved the applicant's discharge on the 7 May 2009, with a characterization of service of uncharacterized.  Furthermore, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as general, under honorable conditions.  

6.  Therefore, as approved by the separation authority, the following administrative correction is recommended, block 24, character of service be changed to uncharacterized.
7.  The applicant expressed the desire for his discharge to be upgraded for education benefits.   However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

8.  Except for the modification as stated, above the discharge was both proper and equitable, recommend the Board deny relief.

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Records Review	  Date: 30 October 2013          Location: Washington, DC

Did the Applicant Testify?  No 

Counsel: None

Board Vote:
Character Change:  5	No Change:  0
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			Yes
Change Characterization to:		Uncharacterized
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)		AR20130007361



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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