IN THE CASE OF:	

      BOARD DATE:  	6 November 2013

      CASE NUMBER:	AR20130008554
___________________________________________________________________________

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 to upgrade his uncharacterized service to general, under honorable conditions and to change the narrative reason for his discharge.

2.  The applicant states, in effect, he wishes to reenlist in the military.  He has grown and matured since his separation, as well as having pursued a college education in Korea for three years. He tried before to reenlist with the U.S. Navy, and even though he was accepted, his recruiter retired without warning and left his paperwork stranded.  He tried again in Atlanta, but the recruiting station does not do prior-service, and the Army recruiter does not work with his reentry code of 3.  The basis for an upgrade is to reenlist in the military, serve his country, be a part of a team, and truly redeem himself in the eyes of the American public, his family, and himself.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	2 May 2013
	b.	Discharge Received:	Uncharacterized 
	c.	Date of Discharge:	15 December 2008
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, paragraph 
			5-17, JFV, NA
	e.	Unit of assignment:	A Btry, 3rd Bn, 6th ADA Bde, Fort Bliss, TX
	f.	Current Enlistment Date/Term:	17 September 2008, 4 years
	g.	Current Enlistment Service:	0 years, 2 months, 29 days
	h.	Total Service:	0 years, 2 months, 29 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-1
	l.	Military Occupational Specialty:	09B10, Trainee, unassigned
	m.	GT Score:	99
	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:	Yes
	u.	Prior Board Review:	No 

SUMMARY OF SERVICE:  

The applicant enlisted in the Regular Army on 17 September 2008, for a period of 4 years.  He was 19 years old at the time of entry and was a high school graduate.  His record does not show any acts of valor or significant achievements.  At the time of his discharge, he was serving at Fort Bliss, TX.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 5 December 2008, 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 for being diagnosed by competent medical authority with an adjustment disorder with depressed mood which was incompatible with military service.

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

3.  Subsequently, the applicant waived consulting with legal counsel, indicated he understood the impact of the discharge action, 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 12 December 2008, 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 15 December 2008, 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:

Two negative counseling statements, dated 5 December 2008, for being processed for separation from the Army for having been diagnosed with a condition not amounting to disability.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided none.

POST-SERVICE ACTIVITY: 

The applicant states, in effect, he has been attending school for three years since his discharge. 

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, 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 and a change to the narrative 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 issues submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge or a change to the narrative reason for his discharge.  

2.  The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with an adjustment disorder with depressed mood, 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.  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 were present and his 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 that a change in the reason for the discharge and his reentry code would allow for his reenlistment.  However, 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 condition, not a disability.  The regulation further stipulates that no deviation is authorized.  There is no provision for any other reason or codes to be entered under this regulation.   

6.  The applicant contends he was young, but has since matured and desires to reenlist in the military.  However, a review of the service record does not reveal any evidence of arbitrary or capricious actions by the applicant’s command.  It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Accordingly, the records show the proper discharge and separation authority procedures were followed in this case.

7.  Further, the record shows the applicant met age entrance qualification standards.  There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service.

8.  The applicant contends that since leaving the Army he has been attending school for three years.  The applicant’s post-service accomplishments have been noted as outlined on the application.  However, in review of the applicant’s entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted.  

9.  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:  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:			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)		AR20130008554

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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