IN THE CASE OF:  	Ms. 

      BOARD DATE:  	19 March 2014

      CASE NUMBER:  	AR20130011999
___________________________________________________________________________

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 that 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 general, under honorable conditions.

2.  The applicant states, in effect, that she received a medical discharge for her Line of Duty (LOD) injuries under honorable conditions and feels that it should be reflected on her DD Form 214 which will allow her to take care of her legal issues.  She has two LOD’s with this classification and cannot receive care for the permanent injuries on the LOD for which she was discharged.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 June 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			12 March 2013
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			Company D, 3rd Battalion, 60th Infantry Regiment
Fort Jackson, SC
f. Current Enlistment Date/Term:	2 January 2013, 6 years	
g. Current Enlistment Service:	2 month, 11 days
h. Total Service:			7 month, 24 days
i. Time Lost:				None
j. Previous Discharges:		USAR 120719-130101/NA
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	None
m. GT Score:				108
n. Education:				14 years
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 Army Reserve on 19 July 2012, for a period of 8 years.  She came on active duty for a period of 6 years on 2 January 2013, at the age of 30 and completed 14 years of education.  Her record does not show any acts of valor or significant achievements.  At the time of her discharge she was serving at Fort Jackson, SC.
SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 25 February 2013, 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 not being able to complete her Basic Combat Training due to having pain in her hips and knees.

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

3.  On 26 February 2013, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own 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 28 February 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

5.  On 12 March 2013, the applicant was discharged from the Army.

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.  Two Statements of Medical Examination and Duty Status dated 11 February 2013 and 7 February 2013, with a medical diagnosis that indicates the applicant suffered from bilateral hip and knee pain. 

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided two DA Forms 2173 (Statement of Medical Examination and Duty Status) with the application. 

POST-SERVICE ACTIVITY: 

None 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.  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 her discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, the issue and documents 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 having pain in her hips and knees and was unable to complete her Basic Combat Training.  It was determined that this physical condition interfered with her ability to perform her duties and to function in the military environment.    
      
3.  The applicant’s service was uncharacterized because she 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.  The applicant contends that she received a medical discharge for her Line of Duty (LOD) injuries under honorable conditions and feels that it should be reflected on her DD Form 214 which will allow her to take care of her legal issues.  She has two LOD’s with this classification and cannot receive care for the permanent injuries on the LOD for which she was discharged.

5.  A general discharge is not authorized under ELS status.  The applicant’s requested change which will allow her to take care of her legal issues and that she has two LOD’s with this classification and cannot receive care for the permanent injuries on the LOD for which she was discharged does not fall within the purview of this Board.  The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter.  A DD Form 149 may also be obtained from a Veterans' Service Organization.  

6.  Additionally, 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.  

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:  Record Review       Date:  19 March 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	UOTH - Under Other Than                           			               Honorable
ADRB Case Report and Directive (cont)		AR 20130011999		

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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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