IN THE CASE OF:	

      BOARD DATE:	18 May 2015

      CASE NUMBER:	AR20150003652
___________________________________________________________________________

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 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 to upgrade the characterization of his service from uncharacterized to general, under honorable conditions.

2.  The applicant states, in pertinent part and in effect, he incurred injuries, bilateral hip stress fractures, due to the physical training in basic combat training.  After being on leave to heal, the same injuries resurfaced prompting his unit to initiate his separation.  The uncharacterized service on his DD Form 214 prevents the United States Citizenship and Immigration Services from processing his citizenship under INA 329—he was advised that they would only process it if he had an honorable or general, under honorable conditions discharge.  He is potentially facing deportation back to his native Kenya.  He fears being persecuted there due to his military service in the US Army.  His superiors and peers alike can confidently attest to his excellent character and conduct, and most importantly his unshaken obedience to his superiors’ instructions.  He hopes to reenlist in the future.

DISCHARGE UNDER REVIEW INFORMATION:

	a.	Application Receipt Date:	25 February 2015
	b.	Discharge Received:	Uncharacterized
	c.	Date of Discharge:	20 June 2014
	d.	Reason/Authority/SPD/RE Code:	Condition, Not a Disability, AR 635-200, Paragraph 
			5-17, JFV, RE-3
	e.	Unit of assignment:	B Co, 3rd Bn, 13th Infantry Regiment, 193rd Infantry 
			Bde, US Army Training Center, Fort Jackson, SC  
	f.	Current Enlistment Date/Term:	10 March 2014, 4 year, 21 weeks
	g.	Current Enlistment Service:	3 months, 11 days
	h.	Total Service:	3 months, 11 days
	i.	Time Lost:	None
	j.	Previous Discharges:	None
	k.	Highest Grade Achieved:	E-2
	l.	Military Occupational Specialty:	None
	m.	GT Score:	127
	n.	Education:	Three 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 record shows the applicant enlisted in the Regular Army on 10 March 2014, for a period of 4 years and 21 weeks.  He was 25 years old at the time of entry and had three years of college.  His record documents no acts of valor or significant achievement.  He completed 3 months and 11 days of active duty service.

SEPARATION FACTS AND CIRCUMSTANCES:

1.  On 9 June 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 unable to complete basic combat training due to having pain in his knees.

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

3.  On 10 June 2014, the applicant waived his right to consult 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 uncharacterized discharge.  

4.  On 13 June 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 20 June 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.  Memorandum, dated 26 May 2014, subject: [the applicant], rendered by a physical therapist indicates the pain around the applicant’s upper medial portions of his shin (tibia) bones may be indicative of early stress fractures and because it developed within the first few weeks of training, the findings indicated that his bones may not be as conditioned to tolerate the stresses of initial military training without progression to a more serious injury, and recommended the applicant receive a Chapter 5, paragraph 5-17 separation.

2.  A counseling statements, dated 31 May 2014, for being diagnosed with a chronic knee pain and being recommended for separation based on the medical assessment. 

3.  There are no negative counseling statements or actions under the Uniform Code of Military Justice.  

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided with his online application, DD Form 214 for service under current review; US Citizenship and Immigration Services letter, dated 24 June 2014; health records, dated 31 March 2014, 2 April 2014, and 1 April 2014; and as additional evidence, MAVNI information brief, dated 14 May 2015.

POST-SERVICE ACTIVITY: 

The applicant provided none.  

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.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, after a careful review of all the available records for the period of enlistment under review, and the issue and document he 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 a chronic knee pain, which prevented him from running, climbing or at times even walking without an increase in pain.  He was not able to complete training with this condition.  It was determined this physical condition interfered with his ability to perform his duties as he may have missed many training sessions and the diagnosis was so severe that his ability to function in the military environment was significantly impaired.  

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.  Furthermore, the uncharacterized description of service accurately reflects the applicant’s overall record of service.  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 that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise.  

5.  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.  

6.  The applicant expressed a desire to rejoin the military service.  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 Army 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:  Personal Appearance      Date:  18 May 2015      Location:  Washington, DC

Did the Applicant Testify?  Yes 

Counsel:  None

Witnesses:  Yes

DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional documents:

	a.  MAVNI Briefing (10 pages)

	b.  MAVNI Information Sheet (1 page)

2.  The applicant presented no additional contentions.

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:  5	No Change:  0
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:			Yes
Change Characterization to:		Honorable
Change Reason to:				No Change
Change Authority for Separation:		No Change
Change RE Code to:			No Change
Grade Restoration to:			N/A
Other:						N/A






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	IADT – Initial Active Duty Training	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           
FG - Field Grade	MP – Military Police	RE - Reentry			           Honorable Conditions              

ADRB Case Report and Directive (cont)		AR20150003652

Page 6 of 6 pages


ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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