IN THE CASE OF:  	

      BOARD DATE:  	6 November 2013

      CASE NUMBER:  	AR20130008360
___________________________________________________________________________

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 25, 26 and 28, contain erroneous entries.

3.  The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority:

      a.  change block 25, separation authority to AR 635-200, Chapter 11 
      b.  change block 26, separation code to JGA
      c.  change block 28, narrative reason for separation to Entry Level Separation  
      

      
      
      
      
      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 uncharacterized discharge to general, under honorable conditions.

2.  The applicant states, in effect, he needs this discharge adjusted so that he can receive medical benefits for the depression, anxiety, and paranoia that he developed during basic training.
 
DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	29 April 2013
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	9 April 2013
	d.	Reason/Authority/SPD/RE Code:	Failed Medical/Physical/Procurement Standards 
			AR 635-200, Paragraph 5-11, JFW, RE-3
	e.	Unit of assignment:	B Co, 35th Eng Bn, 1st Eng Bde, Fort Leonard Wood			MO
	f.	Current Enlistment Date/Term:	7 November 2012, 8 years/ DD 214 reflects				enlistment date on AD 2 January 2013
	g.	Current Enlistment Service:	3 months, 8 days
	h.	Total Service:	3 months, 8 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-4
	l.	Military Occupational Specialty:	None
	m.	GT Score:	92
	n.	Education:	College 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:	Yes
	u.	Prior Board Review:	No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 7 November 2012, for a period of 8 years.  He entered active duty on 2 January 2013, and reported to basic combat training.  He was 22 years old at the time of entry and a college graduate.  His record documents no acts of valor or significant achievements.  



SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 28 March 2013, the commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 11-2a (Inability).  Specifically for demonstrating on multiple occasions that he no longer possessed the motivation, and self discipline to adapt emotionally and socially to military service.  

2.  On 28 March 2013, the unit commander recommended separation from the Army under the provisions of Chapter 11, paragraph 11-2b, AR 635-200, by entry level performance and conduct, with service described as uncharacterized.  The intermediate commander reviewed the proposed action and recommended separation with an uncharacterized discharge.

3.  On 28 March 2013, the applicant waived consulting 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 Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge.  

4. On 1 April 2013, the separation authority directed the applicant be discharged under the provisions of AR 635-200, Chapter 11, entry level separation, with uncharacterized service.  

5.  The applicant was discharged on 9 April 2013, for failing to meet medical physical procurement standards with a separation code of JFW 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:

1.  Article 15, dated 22 March 2013, failure to follow a lawful order refusing to fire his weapon because he did not want to train (130308), and failure to be in the proper uniform (130227).  The punishment consisted of reduction to E-3; forfeiture of $417.00 pay; extra duty for 14 days; restriction for 14 days; and an oral reprimand (CG).   

2.  Seven negative counseling statements dated between 14 February 2013 and 26 March 2013, for failure to obey orders, failure to secure his bunk, improper wear of the uniform, recommendation for Article 15, and recommendations for chapter 11 discharge.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149, dated 26 April 2013; a request pertaining to military records; and a copy of a DD Form 214.

POST-SERVICE ACTIVITY:   

None submitted by the applicant.
REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 3-9 contains guidance on entry level separations.  It states 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.

2.  Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS).  An uncharacterized service description is normally granted to Soldiers separating under this chapter. 

3.  A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted.  An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.

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 applicant’s military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 

2.  The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service.  An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

3.  The separation authority approved the applicant's discharge as entry-level status, with the description of service as uncharacterized.  Army Regulation 635-200 provides in pertinent part, that a Soldier is in entry-level status for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Soldiers who are found to lack the necessary motivation, adaptability, self-discipline, ability, or attitude to become productive Soldiers may be expeditiously separated while in entry-level status.  The Regulation 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 that he suffered from depression, anxiety, and paranoia that he developed during basic training, and he needs to receive medical benefits for these issues, which contributed to his discharge from the Army.  However, there is no evidence in the service record to support the applicant’s contention, and corroborate the discharge was the result of any medical condition.  Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication.  

5.  The applicant has expressed his desire to receive medical benefits; however, the Board does not grant relief for the purpose of gaining medical benefits.  Further, eligibility for veteran's medical benefits 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.

6.  However, the service record indicates that someone in the discharge process erroneously entered the reason for separation as failed medical, physical, procurement standards, authority as AR 635-200, paragraph 5-11, and SPD code of JFW.  However, the separation authority approved the discharge under the provisions of AR 635-200, Chapter 11, for entry level performance and conduct, SPD code JGA.  

7.  Therefore, the characterization of service being both, proper and equitable, recommend the Board deny relief.  However, recommend the Board make the following changes:  

      a.  change block 25, separation authority to AR 635-200, Chapter 11 
      b.  change block 26, separation code to JGA
      c.  change block 28, narrative reason for separation to Entry Level Separation  

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review	Date:  6 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:			Yes
Change Characterization to:		No Change
Change Reason to:				Entry Level Separation
Change Authority for Separation:		AR 635-200, Chapter 11
Change RE Code to:			No Change
Grade Restoration to:			NA
Other:						Block 26:  Separation Code to JGA
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)		AR20130008360



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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