IN THE CASE OF:  	Mr. 

      BOARD DATE:  	2 April 2014

      CASE NUMBER:  	AR20130012786
___________________________________________________________________________

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 and a change to the narrative reason for separation to include the reentry eligibility (RE) code.

2.  The applicant states, in effect, that his reason for discharge is incorrect.  He contends all his medical information and record shows he should have been discharge for a toe injury.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		26 June 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			14 December 2012
d. Reason/Authority/SPD/RE:		Condition, Not a Disability										Chapter 5, paragraph 5-17, AR 635-200, JFV, RE-3
e. Unit of assignment:			A Co, 1st Bn, 61st IN Rgt, Fort Jackson, SC
f. Current Enlistment Date/Term:	17 October 2012, IADT 19 weeks
g. Current Enlistment Service:	1 month, 28 days
h. Total Service:			3 months, 22 days
i. Time Lost:				None
j. Previous Discharges:		ARNG-120823-121016/NA										    (Concurrent Service)
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	None
m. GT Score:				103
n. Education:				13 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 National Guard (ARNG) on 23 August 2012, for a period of 8 years.  He was 20 years old at the time and had completed one year of college.  
On 17 October 2012, the applicant was ordered to IADT for basic training and advanced individual training.  He was serving at Fort Jackson, SC when his discharge was initiated.  The record does not contain any evidence of acts of valor or meritorious achievements.





SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s service record indicates that on 4 December 2012, 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 for being diagnosed by competent medical authority on 5 November 2012 with an adjustment disorder with depressed mood.  It was recommended that the applicant be removed from training.  

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

3.  On 4 December 2012, the applicant waived his right to consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on his 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 7 December 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

5.  The applicant was discharged from the Army on 14 December 2012 with a characterization of service listed as uncharacterized.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

Report of Mental Status Evaluation, dated 5 November 2012, indicating the applicant had been diagnosed with an adjustment disorder with depressed mood.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, a copy of his discharge packet, and a copy of his chronological record of medical care.

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.  

3.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.

4.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, condition, not a disability.

5.  The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3.

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 and documents he submitted, 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 depressed mood.  It was recommended that the applicant be separated for convenience of the government IAW AR 635-200, Chapter 5, Paragraph 5-17(9).  The applicant's ability to effectively perform military duties was significantly impaired.

3.  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.  Army Regulation 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.  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 service record contains no such unusual circumstances were present and his service did not warrant an honorable discharge.  

5.  The applicant also requested a change in the narrative reason for the discharge and RE code.  However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It identifies the SPD code of "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, for condition, not a disability.  The regulation further stipulates that no deviation is authorized.  

6.  Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3.  Soldiers being processed for separation are assigned RE 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 is no basis upon which to grant a change to the reason or to the RE code.  A 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. 

7.  The applicant contends he should have been discharged for a toe injury and not for "condition not a disability."  The medical documents submited by the applicant showing he was receiving medical treatment for a toe injury was noted.  However, the report of mendtal status evaluation, shows that after the applicant reported symptoms of depressed mood, decreased sleep, decreased appetite, loss of interest/motivation, and that he did not feel mentally or physically capable of completing BCT; medical authority recommended separation action under the provisions of Chapter 5-17 as a result of an adjustment disorder with depressed mood.

8.  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.

9.  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:  2 April 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)		AR20130012786



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1