IN THE CASE OF:  	Ms. 

      BOARD DATE:  	22 November 2013

      CASE NUMBER:  	AR20130007904
___________________________________________________________________________

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 an upgrade of her discharge from uncharacterized to honorable.

2.  The applicant states, in effect, that she was discharged from the Army because of medical issues.  She had served for 5 months and 29 days.  She believes that since it was a medical discharge it should be honorable.  She was only 19 years old and believes the Army ran her through the system.  She did not have any problems before she enlisted.  Her medical problems resulted from her time in the Army. 

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2012
b. Discharge received:			Uncharacterized
c. Date of Discharge:			29 January 2013
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			Company T, 266th Quartermaster Battalion, 23rd 						Quartermaster Brigade, Fort Lee, VA
f. Current Enlistment Date/Term:	31 July 2013, 3 years, 24 weeks	
g. Current Enlistment Service:	5 months, 29 days
h. Total Service:			5 months, 29 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l. Military Occupational Specialty:	None
m. GT Score:				86
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 31 July 2012, for a period of 3 years and
24 weeks.  She was 18 years old at the time of entry and was a high school graduate.  Her record does not show any acts of valor or significant achievements.  At the time of her discharge she was serving at Fort Lee, VA.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 10 January 2013, 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 other designated physical or mental condition, not a disability, specifically for being seen by Community Mental Health and being diagnosed with an adjustment disorder with depressed mood.  The disorder would most likely interfere with her having a successful military career. Furthermore, the applicant expressed no motivation for continued service and it was in the best interest of the United States Army to not retain her at that time.

2.  The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of her rights.

3.  On 16 January 2013, the applicant waived consulting with legal counsel, was advised of the impact of the discharge action, waived an appearance before an administrative separation board even though she was not entitled to one, and did not submit a statement on her behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge.  

4.  On 25 January 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

5.  The applicant was discharged from the Army on 29 January 2013, with a characterization of service listed as uncharacterized.

6.  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 medical diagnosis dated 12 December 2012, that indicates the applicant suffered from an adjustment disorder with depressed mood.

2.  A rehabilitative counseling from the commander, dated 8 January 2013, stating after several attempts to counsel the applicant on rehabilitation, he was unable to succeed.  The applicant made no attempt to rehabilitate during the time that she spent in his unit and did not respond to verbal counseling.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provide a DD Form 293, a DD Form 214 and a copy of the commander’s recommendation memorandum.  


POST-SERVICE ACTIVITY: 

None provided with the 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.  It further states that a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review and the issues submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with adjustment disorder with depressed mood, a condition which was incompatible with military service.  It was determined that this physical condition interfered with her ability to perform her duties and to function in the military environment.    

3.  The applicant’s service was uncharacterized because she was in entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  AR 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  

4.  The applicant contends she did not have any problems before she enlisted, therefore, her discharge should be honorable.  However, 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 applicant’s service record contains no such unusual circumstances and her service did not warrant an honorable discharge.  The record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the applicant’s rights were fully protected throughout the separation process.  


5.  The applicant contends her time in the Army led to her medical condition.  However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her condition did not exist prior to her enlistment.  The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge.   

6.  Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  22 November 2013     Location:  Washington, DC

Did the Applicant Testify?  NA 

Counsel:  None

Witnesses/Observers:  NA 

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:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA






egend:
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)		AR20130007904



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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