IN THE CASE OF:  	Mr. 

      BOARD DATE:  	21 March 2014

      CASE NUMBER:  	AR20130013227
___________________________________________________________________________

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.

2.  The applicant states, in effect, that he would like an upgrade of his discharge for the purpose of being able to be eligible for all available veteran benefits.  He contends the condition causing his separation has been determined by the Department of Veterans Affairs as service connected.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		17 July 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			3 May 2011
d. Reason/Authority/SPD/RE:		Condition, Not a Disability, AR 635-200, Chapter 5 
      paragraph 5-17, JFV, RE-3
e. Unit of assignment:			A Co, 3rd Bn, 13th IN, Fort Jackson, SC
f. Current Enlistment Date/Term:	28 February 2011, 3 years and 23 weeks
g. Current Enlistment Service:	2 months, 6 days
h. Total Service:			2 months, 6 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	None
m. GT Score:				100
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:		Yes
u. Prior Board Review:			No
SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 28 February 2011, for a period of 3 years and         23 weeks.  He was 31 years old at the time and had fourteen years of education.  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 21 April 2011, 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 a competent medical authority on 29 March 2011 with an adjustment disorder with anxiety.  It was determined that due to the applicant's anxious and mild depressive symptoms; he was unable to complete basic combat training.

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

3.  On 21 April 2011, 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 with an uncharacterized discharge.  

4.  On 28 April 2011, 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 3 May 2011 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:

1.  Four counseling statements dated between 5 March 2011 and 12 April 2011, which provided the applicant with a summary of basic training and information about being recommended for separation under the provisions of Chapter 5, paragraph 5-17, AR 635-200 for personality disorder.

2.  Report of Mental Status Evaluation, dated 29 March 2011, indicating the applicant had been diagnosed with an adjustment disorder with anxiety.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided an online application and a copy of his Department of Veterans Affairs decision letter, dated 14 January 2013, granting the applicant service connected compensation.




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.

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 anxiety.  It was determined that due to the applicant's anxious and mild depressive symptoms; he was unable to complete basic combat training.

3.  The applicant contends the condition causing his separation has been determined by the Department of Veterans Affairs as service connected; therefore he believes his discharge should be upgraded.  The applicant's contention was noted; however, his 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.  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.  

5.  The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to be eligible for all available veteran benefits.  However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board.  Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance.

6.  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:  21 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	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20130013227



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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