IN THE CASE OF:  	Ms. 

      BOARD DATE:  	21 March 2014

      CASE NUMBER:  	AR20130011179
___________________________________________________________________________

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 uncharacterized discharge to honorable.

2.  The applicant states, in effect, that she became emotionally unstable due to bills at home and she wasn’t able to resolve the issues.  Her family was about to get evicted and she was not allowed by her chain of command to send any money home.  As a result, she suffered from a major mental depression with psychotic features and was hospitalized.  Later she was given the opportunity to stay in basic training; however, she refused due to worrying about her family financial issues.  She was also told by her chain of command that she had the potential to be a good Soldier and would be allowed the opportunity to serve again.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 June 2013
b. Discharge Received:		Uncharacterized
c. Date of Discharge:			4 April 2013
d. Reason/Authority/SPD/RE:		Failed Medical Procurement Standards, AR 635-200 						Chapter 5-11, JFW, RE-3
e. Unit of assignment:			C Company, 2nd Battalion, 13th Infantry TR, Fort 						Jackson, SC
f. Current Enlistment Date/Term:	13 February 2013, 3 years and 19 weeks
g. Current Enlistment Service:	7 months, 8 days
h. Total Service:			7 months, 8 days
i. Time Lost:				None
j. Previous Discharges:		USAR (121109-130212), NA
k. Highest Grade Achieved:		E-2	
l. Military Occupational Specialty:	None
m. GT Score:				88
n. Education:				High School 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:		None	
u. Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 13 February 2013, for a period of 6 years.  She was 24 years old at the time of entry and a high school diploma.  Her record documents no acts of valor or significant achievements.



SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the facts and circumstances which lead to her discharge; however, the applicant provided the Entrance Physical Standards Board (EPSB).  On 19 March 2013, an EPSB convened and determined the applicant was suffering from a medical condition of Schizophrenia, Paranoid Type, Continuous, and problems with family support,  which existed prior to her entry into the Army.  

2.  On 25 March 2013, the applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay, and did not submit any statement on her behalf.  

3.  On 25 March 2013, the unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards with an uncharacterized discharge.  

4.  The applicant provided a counseling statement, dated 26 March 2013, from her NCOIC informing her about her diagnosis, being admitted to a hospital, and being separated from the Army.  

5.  The battalion commander reviewed the proposed discharge and recommended a characterization of an uncharacterized discharge.  

6.  On 27 March 2013, the separation authority directed the applicant’s discharge with a characterization of service of an uncharacterized discharge.

7.  The applicant was discharged from the Army on 4 April 2013 for failing to meet medical procurement standards with the separation code JFW.  Records further show her service listed as uncharacterized, after serving for 1 month and 22 days.  

8.  The applicant’s service record does not contain any evidence of unauthorized absences or time lost.  

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD

There is one counseling statement informing the applicant about the intent to recommend separation from the Army.    

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; DD Form 214; Behavioral Health documents; medical documents; DA Form4707, Entrance Physical Standards Board (EPSB) requesting discharge; counseling statement, DA Form 268, FLAG; and an Enlisted Record Brief (ERB).

POST-SERVICE ACTIVITY: 

None were provided with the application.
REGULATORY AUTHORITY  

1.  Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated.  A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3.  

2.  The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable.  However for Soldiers in entry-level status, it will be uncharacterized.  

3.  Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. 

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after a careful review of all the applicant’s military records, and the issue and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant contends she suffered from a major mental depression with psychotic features and was hospitalized due to financial issues at home.  However, the proceedings of the EPSB revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty.  Subsequently, these findings were approved by competent medical authority.  The applicant agreed with these findings and the proposed action for administrative separation from the Army.    

3.  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.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when his separation is initiated while the Soldier is in entry level status.  Further, a general, under honorable conditions discharge is not authorized under ELS conditions and 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

4.  However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.   The character of the applicant’s discharge is commensurate with his overall service record

5.  The applicant contends she was told by her chain of command that she had the potential to be a good Soldier and would be allowed the opportunity to serve again.  Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge.  Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3.  There are no basis upon which to grant a change to the reason or to the RE code.  An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist.  If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist.  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 reentry eligibility (RE) codes if appropriate. 

6.  All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process.  

7.  Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  21 March 2014       Location:  Washington, DC

Did the Applicant Testify?  NA 

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:	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)		AR20130011179



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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