IN THE CASE OF:  	

      BOARD DATE:  	15 November 2013

      CASE NUMBER:  	AR20130007909
___________________________________________________________________________

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 his discharge from uncharacterized to general, under honorable conditions and the RE code changed.

2.  The applicant states, in effect, that he would like his reentry code changed to “1.”  He was just 17 years old and was not mature enough to understand the commitment he had made.  He eventually convinced himself to give up.  Looking back now, he realizes that he made a big mistake.  He would like to be able to reenlist and serve his country.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		22 April 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			30 October 2007
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			Company E, 30th Adjutant General Battalion 							(Reception), 192d Infantry Brigade, Fort Benning, GA
f. Current Enlistment Date/Term:	12 June 2007, 4 years, 16 weeks	
g. Current Enlistment Service:	0 years, 4 months, 19 days
h. Total Service:			0 years, 4 months, 19 days (DD Form 214 does not 						reflect AWOL, 070806-070908)
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None
m. GT Score:				116
n. Education:				GED
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
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 June 2007, for a period of 4 years and 
16 weeks.  He was 17 years old at the time of entry and had a high school equivalency (GED).   His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Benning, GA.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 17 October 2007, 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 diagnosed with an adjustment disorder with mixed anxiety and depressed mood, resulting in continuing deficiencies in conduct, and performance as follows: Depression and other personal issues.

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

3.  On 17 October 2007, 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 he was not entitled to one, and did not submit a statement on his 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 22 October 2007, 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 30 October 2007, 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 status evaluation, dated 17 October 2007, that indicates the applicant was diagnosed with an adjustment disorder with disturbance of emotions.

2.  A Company Grade Article 15, dated 11 September 2007, for going AWOL (070806-070908).  The punishment imposed consisted of reduction to E-1, forfeiture of $280.00, restriction, and extra duty for 7 days.  

3.  Three counseling statements covering the period 1 September 2007 through 17 October 2007, for being restarted in basic training, going AWOL, being referred to Community Mental Health Services, and failing to overcome other designated physical or mental conditions.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293 and a DD Form 214. 

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.

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

4.  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 an upgrade of the characterization of his 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 an adjustment disorder with mixed anxiety and depressed mood, a condition which was incompatible with military service.  It was determined that this physical condition interfered with his ability to perform his duties and to function in the military environment.    

3.  The applicant’s service was uncharacterized because he 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.  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.

5.  The applicant contends that he was young (17) and immature at the time of the discharge.  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 desires to rejoin the Military Service.  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 reason or 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. 

7.  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:   15 November 2013  	Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

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 RE Code to:			No Change
Grade Restoration to:			NA
Change Authority for Separation:		No Change
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)		AR20130007909



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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