IN THE CASE OF:  	Mr. 

      BOARD DATE:  	19 May 2014

      CASE NUMBER:  	AR20130019645
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the analyst’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 a change to the narrative reason and RE code.  

2.  The applicant states, in effect, that he is requesting a change to the narrative reason and RE code because he was discharge for anxiety disorder.  He feared that he had cancer and was far away from his wife.  He was confused about what was discussed with the doctor and the conversation was very unclear.  He does not have an anxiety disorder and would like to be able to re-enlist.  

DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:		30 October 2013
b. Discharge received:			Honorable
c. Date of Discharge:			23 August 2007
d. Reason/Authority/SPD/RE:		Physical Condition, Not a Disability, AR 635-200, 						Chapter 5-17, JFV, RE-3
e. Unit of assignment:			Bravo Company, 832d Ordnance Battalion, Redstone 						Arsenal, AL
f. Current Enlistment Date/Term:	IADT 14 November 2006, 56 weeks	
g. Current Enlistment Service:	5 months, 10 days
h. Total Service:			6 months, 26 days
i. Time Lost:				None
j. Previous Discharges:		USAR (060928-061113), NA
k. Highest Grade Achieved:		E-4
l. Military Occupational Specialty:	None
m. GT Score:				108
n. Education:				Master’s Degree
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:			Yes, 2 November 2011

SUMMARY OF SERVICE:		
	
The applicant enlisted in the USAR Army on 28 September 2006, for a period of 8 years.  He was 31 years old at the time of entry and had a Master’s Degree.  His record does not show any acts of valor or significant achievements.  At the time of his discharge he was serving at Redstone Arsenal, AL.  




SEPARATION FACTS AND CIRCUMSTANCES

1.  The evidence contained in the applicant’s record indicates that on 12 April 2007, 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 being diagnosed with an adjustment disorder with anxiety that had resulted in his inability to adjust to the demands of the military while being separated from his wife and his fears of having cancer, and was recommended to be separated from the service under the provisions of Chapter 5-17.

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

3.  On 16 April 2007, the applicant 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 of with an honorable discharge.  

4.  On 20 April 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable discharge.  

5.  The applicant was discharged from the Army on 23 April 2007, with a characterization of service listed as honorable.

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.  A Mental Status Evaluation, dated 20 April 2007, stating, in effect, the applicant was evaluated at Behavior Medicine on 27 March and 3, 18, and 20 April, 2007.  He was evaluated using biographical documents, collateral information, and personal interviews.  The applicant  presented with an adjustment disorder with mixed emotional features that resulted from his inability to adjust to the demands of the military while being separated from his wife and his fears of having cancer.  This disorder has not resolved with treatment.  In fact, his symptoms have worsened to the point of significantly impaired sleep and panic attacks.  Additionally, he will become increasingly depressed the longer he stays in the military.  It is highly unlikely that additional treatment would result in any therapeutic gains. Therefore, it is in his and the Army’s best interest so separate him lAW AR 635-200, Chapter 5-17.

2.  A counseling statement, dated 9 April 2007, informing the applicant of the recommendation for the Chapter 5-17.

EVIDENCE SUBMITTED BY THE APPLICANT 

The applicant provided a DD Form 293; DD Form 214; a medical diagnosis, dated 7 April 2010, from Neuropsiquiatric Institute of Puerto Rico; Psicoterapeutic Center; a medical diagnosis, Psychological Evaluation, dated 7 November 2009; and case separation documents.  

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.  It further states that a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service.

3.  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.

4.  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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for a change in the reason for 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 are insufficient factors to merit a change to the reason for the discharge.  

2.  A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with mixed emotional features.  The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service.  

3.  The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.  Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3  and a reason of "physical condition, not a disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis.  

4.  If the applicant desires to reenlist, he should contact the local recruiter to determine his eligibility.  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 RE codes.  

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

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing: Personal Appearance      Date:  19 May 2014     Location: Washington, DC

Did the Applicant Testify?  Yes

Counsel:  None

Witnesses/Observers: NA

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  Two letters of recommendation – 2 pages
	b.  Employment certification – govt of PR – 1 page
	c.  Certificate of graduation ITEC PR – 1 page
	d.  Transcripts – 4 pages
	e.  ITEC diploma certificate – 1 page

2.  The applicant presented the additional contentions:

	a.  Change narrative reason (not specified); it was presumed to ‘Secretarial Authority’
	b.  Change the reentry eligibility code (not specified) it was presumed to 1.

In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing.









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 RE Code to:		No Change
Grade Restoration to:		NA
Change Authority for Separation:	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)		AR20130019645



Page 5 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1