IN THE CASE OF:  	Mr. 

      BOARD DATE:  	20 June 2014

      CASE NUMBER:  	AR20130016060
___________________________________________________________________________

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 a change to the narrative reason for his separation to another chapter.  

2.  The applicant states, in effect, he would like to get a good job or go back into the Army.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			28 August 2013
b. Discharge Received:			Honorable
c. Date of Discharge:				8 June 2012
d. Reason/Authority/SPD/RE Code:		Condition, Not a Disability, AR 635-200, 
Chapter 5-17, JFV, RE-3
e. Unit of assignment:				C Company, 1st Battalion, 87th Infantry 
Regiment, 1st Brigade Combat Team, 
10th Mountain Division (Light Infantry)
Fort Drum, NY
f. Current Enlistment Date/Term:		15 July 2008, 6 years, 39 weeks
g. Current Enlistment Service:		3 years, 10 months, 24 days
h. Total Service:				3 years, 10 months, 24 days
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		11B10, Infantryman
m. GT Score:					100
n. Education:					HS Grad
o. Overseas Service:				Southwest Asia
p. Combat Service:				Afghanistan (100815-110803)
q. Decorations/Awards:			ARCOM, AGCM, NDSM, ACM-CS 2, 
r. 						GWOTSM, NATOMDL, ASR, OSR
s. Administrative Separation Board: 		No
t. Performance Ratings:			None
u. Counseling Statements:			Yes
v. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 15 July 2008, for a period of 6 years and 39 weeks.  He was 22 years old at the time of entry and a high school graduate.  He served in Afghanistan.  He earned an ARCOM, AGCM and an ACM-CS 2 and completed 3 years, 10 months, and 24 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  The evidence contained in the applicant’s record indicates that on 15 May 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, not a disability, specifically for having been diagnosed by competent medical authority with a psychiatric criteria for administrative separation in accordance with Chapter 5-17, AR 635-200. 

2.  The unit commander recommended separation with an honorable characterization of service and advised him of his rights.

3.  On 17 May 2012, the applicant consulted with legal counsel, was advised of the impact of the discharge action and indicated he would be submitting a statement on his own behalf within seven duty days; however, the statement is not in the available record.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed action and recommended approval with an honorable discharge.  

4.  The separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable characterization of service.

5.  The applicant was discharged from the Army on 8 June 2012, under Army Regulation 635-200, Chapter 5-17, by reason of other designated physical or mental condition, not a disability, with an honorable characterization of service, an SPD code of JFV, and an RE code of 3. 

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.  Several negative counseling statements dated between 9 January 2011 and 10 May 2012, for non recommendation to the promotion board, getting flustered in what he does, professional growth, not taking an active leadership role within the squad as a senior SPC-4, losing his military ID card, failing to report for appointments and disobeying a direct order, failing to have his military ID card on his person, disobeying a non commissioned officer and a commissioned officer concerns of aggressive behavior, losing his military ID card, stay away order from the Army Community Service unless escorted by a non commissioned officer, stay away order in reference to his former residence and his chapter 5-17 separation action. 

2.  The record shows that on 23 April 2012, the applicant underwent a mental status evaluation which indicated he was mentally responsible, with thought content as clear, and was able to recognize right from wrong.  Further, the applicant could understand and participate in administrative proceedings and met the medical retention requirements (i.e., did not qualify for a Medical Retention Board).  He was screened for PTSD and TBI with positive results and was referred for a comprehensive Post Traumatic Stress Disorder evaluation.  On 4 May 2012, the Surgeon General endorsed the recommendation to administratively separate the applicant under the provisions of Chapter 5-17, by reason of Other Designated Physical or Mental Condition, not a disability.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 149 in lieu of a DD Form 293 dated 23 August 20113.

POST-SERVICE ACTIVITY: 

The applicant did not provide any 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 5-17, by reason of other designated physical or mental 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’s request for a change to the reason for his discharge was carefully considered.  However, after examining the applicant’s service record and the issue submitted with the application, there are insufficient mitigating factors to merit a change to the narrative reason for the discharge.   

2.  The applicant contends that a change in the reason for the discharge would allow him to get a good job or go back into the Army.  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 5-17, for other designated physical or mental condition, not a disability.  The regulation further stipulates that no deviation is authorized.  

3.  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.  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.

4.  The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the narrative reason for separation. 

5.  The records show the proper discharge and separation authority procedures were followed in this case.  

6.  Therefore, the reason for discharge being both proper and equitable, recommend the Board deny relief.  





















SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Records Review      Date:  20 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

Board Vote:
Character Change:  NA	No Change:  NA
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:	NA
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)		AR20130016060

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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