IN THE CASE OF:  	

      BOARD DATE:  	23 October 2013

      CASE NUMBER:  	AR20130007604
___________________________________________________________________________

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 his separation code and narrative reason for his discharge. 

2.  The applicant states, in effect, the separation code and narrative reason for his separation are incorrect.  He contends that he was never diagnosed with a personality disorder but was treated for major depression with insomnia.  The applicant states that during his time in the military, he never had any disciplinary problems and he received successful evaluations.  He contends his separation code is derogatory and negatively affects his character as well as his chances for employment.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			18 April 2013
b. Discharge Received:			Honorable Conditions
c. Date of Discharge:				1 August 2011
d. Reason/Authority/SPD/RE Code:		Physical Condition, Not a Disability 
AR 635-200, Chapter 5-17, JFV, RE-3
e. Unit of assignment:				10th Special Forces Group, Fort Carson, CO
f. Current Enlistment Date/Term:		2 July 2007/NIF
g. Current Enlistment Service:		4 years, 4 months
h. Total Service:				6 years, 9 months, 13 days
i. Time Lost:					None
j. Previous Discharges:			DEP, (040907-041018), NA
RA, (041019-070701), HD
k. Highest Grade Achieved:			E-5
l. Military Occupational Specialty:		15J20, OH-58D Armament/Electrical/Avionics
Systems Repairer
m. GT Score:					103
n. Education:					HS Graduate
o. Overseas Service:				SWA
p. Combat Service:				Iraq (070607-080907)
q. Decorations/Awards:			ARCOM-2, AAM, AGCM, 2 NDSM, GWOTSM 
ASR, OSR, ICM-CS
r. Administrative Separation Board: 		No
s. Performance Ratings:			Yes
t. Counseling Statements:			Yes
u. Prior Board Review:				No



SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 19 October 2004 and reenlisted on 2 July 2007.  The term of service was not found in the applicant’s file.  He was 34 years old at the time of his reenlistment and a high school graduate.  He served in Iraq, and earned two ARCOMs, an AAM, two AGCMs, and the ICM-CS.  He completed 6 years, 9 months, and 13 days of total military service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 23 June 2011, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 5-17, by reason of physical condition, not a disability. Specifically for having been diagnosed by a certified military health physician with mild hypertension, hemorrhoids, and severe hip and back pain.

2.  Based on the above the commander recommended an honorable discharge.

3.  On 23 June 2011, the applicant waived his right to consult with legal counsel and unconditionally waived his right to an administrative separation board, and did not submit a statement in his own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge.  

4.  On 21 July 2011, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service as honorable.  

5.  The applicant was separated on 1 August 2011, under Army Regulation 635-200, Chapter 5-17, with an honorable discharge, an SPD code of JFV, and an RE code of 3.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  One NCOER covering the period of 1 February 2009 to 31 January 2010.  The applicant was rated as “Fully Capable” by his rater and received a “2/2” for “Overall Performance/Overall Potential from his senior rater.

2.  Two counseling statements dated, 13 April 2011 and 18 May 2011, regarding Chapter 5-17, other designated physical or mental conditions.

3.  A memorandum for record dated, 20 April 2011, from CPT J, the applicant’s primary care manager, regarding the medical status of the applicant.



EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided the following documents in support of his petition:

     a.  DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) dated, 10 April 2013.

     b.  A copy of his medical records.

     c.  Two NCOERs covering a period of 21 rated months covering the period of 1 February 2009 through 31 January 2011.

POST-SERVICE ACTIVITY: 

The applicant does not provide any in support of his petition. 

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.  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 5-17, physical condition, not a disability.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change in the reason for his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue and documents he submitted, there are insufficient factors to merit a change to the reason for the discharge.  

2.  The applicant contends that the Army’s reason for his separation was personality disorder,  however, he was never diagnosed with the disorder.  However, the applicant’s record indicates he was diagnosed by a certified military health physician with mild hypertension, hemorrhoids, and severe hip and back pain and it was determined that this physical disorder affected the performance of his duties.  The unit commander subsequently recommended separation under the provisions of AR 635-200, Chapter 5-17, by reason of physical condition, not a disability, with an honorable discharge.

3.  In addition, the applicant contends that his narrative reason is derogatory and negatively affects his character as well as his chances for employment.  However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

4.  Furthermore, 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.  At the time of discharge the applicant was appropriately assigned a SPD code of “JFV” 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.  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.

5.  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: 23 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)		AR20130007604



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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