IN THE CASE OF:  	Mr. 

      BOARD DATE:  	7 May 2014

      CASE NUMBER:  	AR20130014680
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, and considering the examiner’s 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 is injured and in pain and needs to receive medical attention from the VA hospital.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		8 August 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			28 May 2013
d. Reason/Authority/SPD/RE:		Condition, Not a Disability, AR 635-200, Chapter 5, 						paragraph 5-17, JFV, RE-3
e. Unit of assignment:			D Co, 3d Bn, 60th IN, Fort Jackson, SC
f. Current Enlistment Date/Term:	1 January 2013, 24 weeks
g. Current Enlistment Service:	4 months, 28 days
h. Total Service:			11 months, 14 days
i. Time Lost:				None
j. Previous Discharges:		USAR-120615-121231/NA										  (Concurrent Service)
k. Highest Grade Achieved:		E-1
l.  Military Occupational Specialty:	None
m. GT Score:				102
n. Education:				HS 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 Army National Guard (ARNG) on 15 June 2012, for a period of         8 years.  He was 17 years old at the time and a high school graduate.  On 1 January 2013, he was order to active duty for training at Fort Jackson, SC.  The record does not document any evidence of acts of valor or meritorious achievements.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army.  However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  
2.  The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with an uncharacterized characterization of service.  The DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3.  

3.  On 22 May 2013, Orders 142-1327, DA, HQ, USA Training Center and Fort Jackson, Fort Jackson, SC, released the applicant from active duty for training, discharged from the reserve of the Army, and returned him to the ARNG, effective 25 April 2010.

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

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 142-1327, dated 22 May 2013.

2.  The applicant’s record does not contain any recorded actions under the UCMJ or counseling statements.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293.

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.




ANALYST’S 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 issue he submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature.  This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process.  The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an uncharacterized separation of service and a reentry eligibility (RE) code of 3.  

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.  Absence evidence to the contrary, it is presumed that the applicant’s separation was initiated while he was still in entry-level status and the applicant’s separation was accomplished within 72 hours following approval by the separation authority.  

4.  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 record shows that no such unusual circumstances were present and his service did not warrant an honorable discharge.  

5.  The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive medical attention from the VA hospital.  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.  If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

7.  Therefore, based on the available evidence and the presumption of government regularity, the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief.



SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review       Date:  7 May 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)		AR20130014680



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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