IN THE CASE OF:  	Ms. 

      BOARD DATE:  	29 January 2014

      CASE NUMBER:  	AR20130011095
___________________________________________________________________________

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.  She states, in effect, her discharge should have been an honorable medical discharge.  She also began suffering from severe depression as a result of injuries leading to her inability to perform her duties; depression is a medical condition as well as stress fractures, not an inability to adapt.  A Chapter 11 separation was not appropriate because she was in fact able to adapt; she received all first time go’s in basic training, was the platoon guide for an extended period of time (until her injuries), and was also awarded “Soldier Leader of the Cycle.”

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 June 2013
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			12 June 2001
d. Reason/Authority/SPD/RE Code:	Entry Level Performance and Conduct, AR 635-200						Chapter 11, JGA, RE-3
e. Unit of assignment:			E Co, 447th Signal Battalion, 15 Signal Brigade							Fort Gordon, GA
f. Current Enlistment Date/Term:	1 February 2001, 4 years
g. Current Enlistment Service:	4 months, 12 days
h. Total Service:			4 months, 12 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-2
l. Military Occupational Specialty:	None	
m. GT Score:				NIF
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 1 February 2001, for a period of 4 years. She was 21 years old at the time of entry and was a high school graduate.  Her service record indicated she received a superior performance certificate for “Outstanding Soldier Leader of the Cycle” while in basic training.  She was in advanced individual training (AIT) at Fort Gordon, GA when her discharge was initiated.  

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 1 June 2001, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of entry level performance and conduct for being unable to adapt to military life, for having continued symptoms of anxiety, depression, and somatic symptoms.  

2.  The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights.

3.  On 1 June 2001, the applicant was afforded the opportunity to consult with legal counsel, and declined the opportunity to consult with legal counsel, was advised of the impact of the discharge action, and submitted a statement on her behalf.  The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts.  

4.  On 5 June 2001, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge.

5.  The applicant was separated from the Army on 12 June 2001, with an uncharacterized discharge.

6.  The applicant’s record does not contain any evidence of unauthorized absences, time lost or actions under Article 15 of the Uniform Code of Military Justice (UCMJ).  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  She received three counseling statements dated, 15 April 2001, 23 April 2001 and 10 May 2001, for phase IV counseling, expressing her desire to be discharged and the results of her Community Mental Health Services (CMHS).

2.  A Memorandum, Mental Health Evaluation, dated 10 May 2001 which indicated the applicant had increasing difficulties coping with being on active duty that began in recruit training.  She reported to Fort Gordon about four weeks ago, and since that time, has continued to show signs of psychological and emotional deterioration.  At the present time, she presented worsening symptoms of anxiety, depression, and somatic symptoms that would most likely be exacerbated by continued service on active duty. She was unable to serve as a productive member of the US Armed Forces at the time.  It was strongly recommended that the applicant be administratively separated from the Army on the basis of unsuitability due to failure to adapt to military life.  It was in the best interest of both the applicant and the Army to administratively her at the earliest possible opportunity.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, certificate, superior performance, certificate of achievement, mental health evaluation, DA Form 705 (Army Physical Fitness Test Scorecard), medical documents (thirteen pages), doctors appointments (four pages), and DA Form 3349 (physical profile, two pages).

POST-SERVICE ACTIVITY: 

The applicant did not provide any with her application.

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 her discharge was carefully considered.  However, after examining the applicant’s record of service, the documents and the issues 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 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 her discharge should have been an honorable medical discharge.  However, an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct or performance of duty.  The applicant’s service record indicates no such unusual circumstances were present and did not warrant an honorable discharge.  

5.  The applicant further contends she also began suffering from severe depression as a result of those injuries leading to her inability to perform her duties; depression is a medical condition as well as stress fractures, not an inability to adapt; a Chapter 11 separation was not appropriate because she was in fact able to adapt; she received all first time go’s in basic training, was the platoon guide for an extended period of time (until her injuries), and was also awarded “Soldier Leader of the Cycle.”  The evidence of record (mental status evaluation), dated 10 May 2001, indicated the applicant had increasing difficulties coping with being on active duty that began as a recruit.  She presented worsening symptoms of anxiety, depression, and somatic symptoms that would most likely be exacerbated by continued service on active duty. She was unable to serve as a productive member of the US Armed Forces and was recommended for discharge.

6.  Further, the evidence of record also shows that in the applicant’s statement, dated 23 April 2001 she came to the conclusion that she couldn’t adjust or adapt to the Army life. 

7.  The records show the proper discharge and separation authority procedures were followed in this case.

8.  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:  29 January 2014     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




















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)		AR20130011095



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1