IN THE CASE OF:  	Ms. 

      BOARD DATE:  	7 May 2014

      CASE NUMBER:  	AR20140005031
___________________________________________________________________________

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 her uncharacterized discharge to honorable.

2.  The applicant states, in effect, she would like to receive veterans’ benefits.  The applicant did not submit any issues of propriety or equity in her application for the board to consider.
 
DISCHARGE UNDER REVIEW INFORMATION:

a. Application Receipt Date:			11 March 2014
b. Discharge Received:			Uncharacterized
c. Date of Discharge:				28 February 2014
d. Reason/Authority/SPD/RE Code:		Condition, Not a Disability, AR 635-200, 
paragraph 5-17, JFV, RE-3
e. Unit of assignment:				795th Military Police Battalion, Fort Leonard
Wood, MO
f. Current Enlistment Date/Term:		1 October 2013/5 years
g. Current Enlistment Service:		5 months
h. Total Service:				5 months
i. Time Lost:					None
j. Previous Discharges:			None
k. Highest Grade Achieved:			E-4
l. Military Occupational Specialty:		None
m. GT Score:					94
n. Education:					HS Graduate
o. Overseas Service:				None
p. Combat Service:				None
q. Decorations/Awards:			None
r. Administrative Separation Board: 		NA
s. Performance Ratings:			NA
t. Counseling Statements:			NIF
u. Prior Board Review:				No
SUMMARY OF SERVICE:		
	
The applicant enlisted in the Regular Army on 1 October 2013, for a period of 5 years.  She was 22 years old at the time of entry and a high school graduate.  She was in basic training at Fort Leonard Wood, Missouri, when her discharge proceedings were initiated.  She completed 5 months of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 7 February 2014, 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 with pain and inflammation on her left groin and right posterior hip at the SI joint due to a stress injury since attempting individual entry training (IET).  This condition prevents her from running, jumping, marching, crawling, climbing stairs, and at times even standing without increase pain.

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

3.  On 7 February 2014, the applicant waived her right to consult 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 an uncharacterized discharge.  

4.  On 20 February 2014, 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 28 February 2014, 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.  Discharge Orders Number 058-1330, dated 27 February 2014, DA US Army Maneuver Support Center of Excellence, Fort Leonard Wood, Missouri, effective 28 February 2014.

2.  A counseling statement, dated 13 January 2014, reflects the applicant was counseled on the recommendation to separate her under the provisions of Chapter 5-17.

3.  A memorandum, dated 13 January 2014, from Mr. P, MSPT, Consolidated Troop Medical Clinic (CTMC) Physical Therapy, Fort Leonard Wood, Missouri, reflects the applicant developed pain and inflammation in the L groin and R posterior hip at the SI joint due to stress injury since attempting IET at Fort Leonard Wood, Missouri.  The condition prevents her from running, jumping, marching, crawling, climbing stairs, and at times even standing without increase in pain.  The applicant would not be able to withstand the rigors of training with the condition.

4.  A memorandum, dated 17 January 2014, from Mr. J, CTMC Physical Therapy, Fort Leonard Wood, Missouri, reflects the applicant developed pain and inflammation in her left IPR pelvis during IET.  The condition prevented her from performing regular physical readiness training (PRT) and participating in scheduled training events without increased pain and potentially causing further harm.  The applicant would not be able to withstand the rigors of training with the current condition.

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD 293, dated 11 March 2014, and a DD Form 214. 

POST-SERVICE ACTIVITY: 

The applicant did not provide any in support of her 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 available records for the period of enlistment under review, and the issues 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 with pain and inflammation on her left groin and right posterior hip at the SI joint due to a stress injury since attempting individual entry training (IET).  This condition prevents her from running, jumping, marching, crawling, climbing stairs, and at times even standing without increase pain.  The condition prevented her from performing regular physical readiness training (PRT) and participating in scheduled training events without increased pain and potentially causing further harm.  The applicant would not be able to withstand the rigors of training with the current condition.

3.  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.  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 that an upgrade of her discharge would allow veterans’ benefits.  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.  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:  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)		AR20140005031



Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



1