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ARMY | DRB | CY2013 | AR20130011100
Original file (AR20130011100.txt) Auto-classification: Denied
      IN THE CASE OF:  	Ms. 
      
      BOARD DATE:  	28 February 2014

      CASE NUMBER:  	AR20130011100
___________________________________________________________________________

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 a change to the reason for the discharge and separation code of “JFV.”

2.  The applicant states, in effect, that she is trying to reenlist in the Army.  She really regrets being discharged because the Army was her heart, passion, and opportunities.  She let her relationship cause her to make the wrong decision.  She has learned from the Army values and realizes this is where she wants to be.   

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		13 June 2013
b. Discharge received:			Honorable
c. Date of Discharge:			15 February 2006
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			HHC, 25th Aviation Brigade, Wheeler Army Airfield, 						HI
f. Current Enlistment Date/Term:	21 April 2005, 4 years	
g. Current Enlistment Service:	9 months, 25 days
h. Total Service:			9 months, 25 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	25L10, Cable Systems Installation Maintanier
m. GT Score:				88
n. Education:				14 years
o. Overseas Service:			Hawaii
p. Combat Service:			None
q. Decorations/Awards:		NDSM, GWOTSM, ASR, OSR 
r. Administrative Separation Board: 	No
s. Performance Ratings:		None
t. Counseling Statements:		No
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 21 April 2005, for a period of 4 years.  She was 25 years old at the time of entry and had two years of college.  Her record does not show any acts of valor or significant achievements.  At the time of her discharge she was serving at Wheeler Army Airfield, HI.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 4 January 2006, 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 meeting the criteria for character, behavior, and adaptability disorders.

2.  The unit commander recommended an honorable discharge and advised the applicant of her rights.

3.  On an unknown dated, the applicant consulted with legal counsel, waived an appearance before an administrative separation board even though she was not entitled to one, was advised of the impact of the discharge action, and did not submit a statement on her behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed action and recommended approval of an honorable discharge.  

4.  On 18 January 2006, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable discharge.  

5.  The applicant was discharged from the Army on 15 February 2006, with a characterization of service listed as honorable.  

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 Mental Status Evaluation, dated 1 November 2005, stating the applicant meet DSM-IV diagnostic criteria for adjustment disorder with depressed mood.  Despite treatment by
Division Mental Health Services and counseling and support from her command, the applicant has not been able to adapt to the Army.  This disorder was of sufficient severity that the applicant was not expected to adapt to the Army. 

2.  The record does not contain any counseling statements.  

EVIDENCE SUBMITTED BY THE APPLICANT 

 The applicant did not provide any additional documents with the application.







POST-SERVICE ACTIVITY: 

None were 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. 

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change in the reason and reentry code for her discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issues she submitted, there insufficient factors to merit a change to the reason for the discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service.  

3.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3  and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  

4.  If the applicant desires to reenlist, she should contact the local recruiter to determine her eligibility.  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 RE codes.  

5.  Therefore, the narrative reason and reentry for discharge being both proper and equitable, recommend the Board deny relief.





SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review     Date:  28 February 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)		AR20130011100



Page 5 of 5 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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