IN THE CASE OF:  	Ms. 

      BOARD DATE:  	20 June 2014

      CASE NUMBER:  	AR20130017447
___________________________________________________________________________

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 her discharge from uncharacterized to general, under honorable conditions.

2.  The applicant states, in effect, that she was injured in BCT and believes she should have had medical coverage following BCT due to her injury occurred while in BCT and she was discharged while still injured.  At the time of discharge she suffered from stress fractures in both feet and is currently under the care of a doctor for her injures which she is paying for.  She would like to go back to work pain free and reenlist after healing.  She was lead to believe that her injuries would heal with time; it has been four months since her discharge and she believes because her injuries were sustained during BCT the Army is liable for her injuries.

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		20 September 2013
b. Discharge received:			Uncharacterized
c. Date of Discharge:			17 June 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:			B Co, 39th IN Rgt, 165th IN Bde, Fort Jackson, SC
f. Current Enlistment Date/Term:	9 April 2013, 5 years and 33 weeks
g. Current Enlistment Service:	2 months, 9 days
h. Total Service:			2 months, 9 days
i. Time Lost:				None
j. Previous Discharges:		None
k. Highest Grade Achieved:		E-3
l.  Military Occupational Specialty:	None
m. GT Score:				97
n. Education:				15 Years
o. Overseas Service:			None
p. Combat Service:			None
q. Decorations/Awards:		NDSM
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 9 April 2013, for a period of 5 years and            33 weeks.  She was 24 years old at the time with 15 years of education.  She was serving at Fort Jackson, SC when her 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 on 30 May 2013, 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 13 May 2013, as having a healing stress fracture to her left third metatarsal and was developing tendonitis and swelling of the surrounding ankle stabilizers as a result.  Due to those injures the applicant could not successful complete the necessary military training that was required in a BCT environment.

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

3.  On 30 May 2013, the applicant waived her right to consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her 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 4 June 2013, 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 17 June 2013, 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.  Memorandum, dated 13 May 2013, which the PT, DPT, CSCS, recommended the applicant be separated under the provisions of Chapter 5-17, as a result of what appeared as a healing stress fracture to her left third metatarsal and was developing tendonitis and swelling of the surrounding ankle stabilizers; as a result of normal physical activities required in training (i.e., standing, marching, running, jumping).



2.  A counseling statement dated 24 May 2013, which informed the applicant she was being recommended for separation under the provisions of Chapter 5, paragraph 5-17, AR 635-200, after it was determined by a medical examiner that her injuries would not allow her to complete BCT.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293, letter from a member of Congress which included medical documents (7 pages), and a copy of her DD Form 214 for the period of service under review.

POST-SERVICE ACTIVITY: 

None 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 her discharge was carefully considered.  However, after a careful review of all the applicant's records for the period of enlistment under review, the issues and documents she 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 as having a healing stress fracture to her left third metatarsal and was developing tendonitis and swelling of the surrounding ankle stabilizers as a result.  Due to those injures the applicant could not successful complete the necessary military training that was required in a BCT environment.


3.  The applicant’s service was uncharacterized because she 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 contends her injuries were sustained during BCT, therefore the Army is liable for her injuries.  The applicant's contention was noted; however, the evidence of records shows the applicant was receiving treatment for her injuries; she continued to have pain and difficulty training despite all efforts and there was no further treatment that could be provided.  Therefore, the applicant was discharged as a result of her inabliity to successfully complete the necessary military training that was required in a BCT environment.  The applicant's request for continued medical treatment by the Army 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 relating to this issue.

6.  The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to reenlist.  However, 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 are 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 Armed Forces at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 

7.  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:  20 June 2014        Location: Washington, DC

Did the Applicant Testify?  No

Counsel:  None

Witnesses/Observers:  No

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)		AR20130017447



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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