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Decision Text

ARMY | DRB | CY2015 | AR20150001573
Original file (AR20150001573.txt) Auto-classification: Denied

1.	APPLICANT’S NAME:      

	a.	Application Date:  5 August 2014

	b.	Date Received:     10 August 2014

	c.	Counsel:               None

2.   REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION:  The applicant requests an upgrade of her uncharacterized discharge to honorable.  The applicant states, in effect, she needs an upgrade for employment, personal and retirement status.  In a record review conducted at Arlington, Virginia, on 11 September 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable.

	(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Condition, Not A Disability/AR 635-200/Chapter 5, Paragraph 5-17/JFV/RE-3/Uncharacterized Discharge

	b.	Date of Discharge:  24 March 2011

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  14 March 2011

		(2)	Basis for Separation:  The applicant was informed of the following reason for her release from active duty training; being diagnosed with a right hip strain and stress reaction on both lower extremities.  The physical therapist indicated she would fully recover from this condition, however; her rehabilitation was expected to take a few months.

		(3)	Recommended Characterization:  Uncharacterized Discharge

		(4)	Legal Consultation Date:  14 March 2011, the applicant waived legal counsel.

		(5)	Administrative Separation Board:  None

		(6)	Separation Decision Date/Characterization:  18 March 2011/Uncharacterized Discharge

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  17 November 2011/22 weeks

	b.	Age at Enlistment/Education/GT Score:  19 years/Associate’s Degree/90

	c.	Highest Grade Achieved/MOS/Total Service:  PFC/E-3/None/10 months and 3 days
  


	d.	Prior Service/Characterizations:  ARNG (24 May 2006-6 October 2006)/UNC
                                                                                        (Break In Service)
                                                                     ARNG (6 October 2010-17 November 2010)/NA
                                                                                     (Concurrent Service)
  
	e.	Overseas Service/Combat Service:  None
  
	f.	Awards and Decorations:  None
  
	g.	Performance Ratings:  None
  
	h.	Disciplinary Action(s)/Evidentiary Record:  None
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  None

5.	APPLICANT-PROVIDED EVIDENCE:  DD Form 293; VA statement of service; VA letter of compensation; two DD Forms 214 and an Army National Guard certificate of enlistment.

6.	POST SERVICE ACCOMPLISHMENTS:  None

7.	REGULATORY CITATION(S):  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.

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.

8.	DISCUSSION OF ISSUE(S):  The applicant requests an upgrade of her uncharacterized discharge to honorable.  The applicant’s record of service, the issues and documents submitted with her application were carefully reviewed.

The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with a right hip strain and stress reaction on both lower extremities, she was unable to complete training with this condition.  It was determined this physical condition interfered with her ability to perform her duties as she missed many training sessions and the diagnosis was so severe her ability to function in the military environment was significantly impaired.  

The applicant’s service was uncharacterized because she was in entry-level status, she had less than 180 days of continuous active duty service; and there were no unusual circumstances present in the applicant’s record and her service did not warrant an honorable discharge (HD).  An HD is rarely ever granted and may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.



An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service.  It merely means the Soldier has not been in the Army long enough for her characterization of service to be rated as honorable or otherwise.

The applicant seeks relief contending, she needs an upgrade for employment, personal and retirement status.  The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities.

The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process.

9.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  			No

	b.	Change Characterization to:  		No Change

	c.	Change Reason to:  				No Change

	d.	SPD/RE Code Change to:  			No Change

	e.	Restoration to Grade:  			NA


Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board













Legend:
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  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20140014420

1

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