IN THE CASE OF:  	

      BOARD DATE:  	6 November 2013

      CASE NUMBER:  	AR20130008691
___________________________________________________________________________

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 honorable.

2.  The applicant states, in effect, he did not receive any counseling.  He contends the discharge was the result of a death in his family, he was unaware at the time that he was given an other than honorable discharge, and he had no knowledge of the reason for his discharge.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			3 May 2013
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				2 September 2010
d. Reason/Authority/SPD/RE Code:		Physical Condition, Not a Disability 
AR 635-200, Chapter 5-17, JFV, RE-3
e. Unit of assignment:				D Co, 1st Battalion, 50th Infantry Regiment
Fort Benning, GA
f. Current Enlistment Date/Term:		3 August 2010/5 years, 16 weeks
g. Current Enlistment Service:		1 month
h. Total Service:				1 month
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-2
l. Military Occupational Specialty:		None
m. GT Score:					102
n. Education:					HS Letter
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		None
s. Performance Ratings:			None
t. Counseling Statements:			Yes
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 3 August 2013 for a period of 5 years and 16 weeks.  He was 18 years old at the time of entry and had a high school letter.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Fort Benning, Georgia.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 17 August 2010, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 5-17, specifically for having been diagnosed by competent medical authority with an adjustment disorder with anxiety.

2.  Based on the above, the commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights.

3.  On 17 August 2010, the applicant waived his right to consult with legal counsel 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 24 August 2010, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

5.  The applicant was separated on 2 September 2010, under Army Regulation 635-200, Chapter 5-17, with a characterization of service listed as uncharacterized, 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.  A report of mental status evaluation, dated 10 August 2010 indicates the applicant was diagnosed with an adjustment disorder with anxiety.

2.  Three counseling statements dated 8 August 2010, an initial entry training (IET) initial counseling, and 11 and 13 August 2010, for recommendation for separation from the Army.
 
EVIDENCE SUBMITTED BY THE APPLICANT:

 The applicant provided DD Form 149 (Application for Correction of Military Record under the provisions of Title 10, U.S. Code, Section 1552), DD Form 214 (Certificate of Release or Discharge from Active Duty), and a memorandum dated 10 December 2012 from the Cumberland County Department of Public Health.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with his application.




REGULATORY AUTHORITY:

1.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 5, 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.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

3.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

4.  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 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 anxiety, 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 contends that the discharge was due to a death in his family and was unaware he received an other than honorable discharge.  The applicant’s service record indicates he was counseled on a depression disorder which continued to interfere with his military duties and there was evidence that his behavior would not improve in the future.  The applicant’s record indicates a properly constituted DD 214 which shows the characterization of service as uncharacterized due to his entry-level status.  
      
4.  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.  
      
5.  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.  

6.  Before initiating discharge proceedings, the command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier and subsequently determined that he would not be able to conform to required standards of discipline and performance.  The command ensured the applicant was appropriately counseled on 11 August 2010 regarding the referral to mental health services for a depression disorder and on 13 August 2010 regarding their intent to recommend separation under the provisions of AR 635-200, Chapter 5-17.  Furthermore, the command appropriately determined the applicant did not demonstrate the potential for further military service.

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: 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)		AR20130008691



Page 2 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1