IN THE CASE OF:  	Mr.

      BOARD DATE:  	14 May 2014

      CASE NUMBER:  	AR20130015561
___________________________________________________________________________

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 did not properly annotate the enclosed application requesting a possible discharge upgrade.  However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.  He requested a change to the narrative reason for separation.

2.  The applicant states, in effect, he was experiencing some family issues at home and felt he should be at home helping out; the stress put on him by letters he received while already in a stressful environment led to him being separated from the Army.  He desires to rejoin the military after college to serve his country again.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		21 August 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			19 July 2012
d. Reason/Authority/SPD/RE:		Condition, Not a Disability, AR 635-200, Chapter 5,						paragraph 5-17, JFV, RE-3
e. Unit of assignment:			E Co, 30th AG Battalion, Fort Benning, GA
f. Current Enlistment Date/Term:	14 May 2012, 3 years and 18 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-1
l.  Military Occupational Specialty:	None
m. GT Score:				101
n. Education:				HS Graduate
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		None
r. Administrative Separation Board: 	No
s. Performance Ratings:		No
t. Counseling Statements:		Yes
u. Prior Board Review:			No

SUMMARY OF SERVICE:

The applicant enlisted in the Regular Army on 14 May 2012, for a period of 3 years and 18 weeks.  He was 18 years old at the time of entry and a high school graduate.  His record does not show any acts of valor or significant achievements.  He was in initial entry training at Fort Benning, GA when his discharge was initiated.
SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence of record shows that on 12 June 2012, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood and indicated the applicant met the psychiatric criteria for expeditious administrative separation in accordance with (IAW) the provisions of Chapter 5-17.  It was determined that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military.

2.  The evidence contained in the applicant’s record indicates that on 20 June 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 conditions, specifically for being diagnosed with an adjustment disorder with mixed anxiety and depressed mood.  This condition precludes applicant from further military service and based upon the diagnosis, separation from the military under Chapter 5-17 would be in best interest of both, the Army and the applicant.

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

4.  On 20 June 2012, the applicant was afforded the opportunity to consult with legal counsel, and waived his right to do so, 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.  

5.  On 2 July 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

6.  The applicant was discharged from the Army on 19 July 2012, with a characterization of service listed as uncharacterized.

7.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  DA Form 3822-R (Report of Mental Status Evaluation), dated 12 June 2012, which indicated the applicant was diagnosed with an adjustment disorder with mixed anxiety and depressed mood and he met the psychiatric criteria for expeditious administrative separation in accordance with (IAW) the provisions of Chapter 5-17.

2.  The record contains several counseling statements dated between 24 May 2012 and          7 June 2012, for initial counseling, being recommended for a Chapter 5-17, failing to overcome other designated physical or mental condition, being referred to Community Mental Health Service.

3.  DA Form 2823 (Sworn Statement), dated 11 June 2012 indicated the applicant knew why he was being discharged.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 with a self-authored statement, several letters and handwritten statements, photocopy of social security card, passport, and student ID, birth certificate, greeting card and a DD Form 214.

POST-SERVICE ACTIVITY:

The applicant stated he is enrolled in college.

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 record 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.

ANALYST’S DISCUSSION AND RECOMMENDATION:

1.  The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade.  However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.  He requested a change to the narrative reason for separation.

2 The evidence of record shows the applicant while in training status was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood.  It determined that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military.

3.  The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

4.  The applicant requested a change in the reason for separation.  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.  

5.  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.  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.  

6.  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 indicates no such unusual circumstances were present and did not warrant an honorable discharge.  

7.  The applicant contends he was experiencing some family issues at home and felt he should be at home helping out; the stress put on him by letters he received while already in a stressful environment led to him being separated from the Army.  While the applicant may believe family issues and stress were the underlying cause of his discharge, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.

8.  Further, 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.

9.  The applicant desires to rejoin the military after college to serve his country 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 was 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. 

10.  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:  14 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)		AR20130015561



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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