PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           9 February 2000                   
	DOCKET NUMBER:   AR1999025959

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his uncharacterized discharge be changed to an honorable discharge under medical conditions.  If he cannot get an honorable discharge, he would like the narrative reason for separation changed.

3.  The applicant states that he had Attention Deficit Hyperactivity Disorder (ADHD) and had been taking medication for it (from October 1994 through May 1998).  His recruiter advised him not to disclose that fact at the time he enlisted.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve on 26 June 1998.  He was ordered to initial active duty for training on     9 September 1998.  

5.  On or about 17 September 1998, the applicant was referred for a mental health evaluation.  He apparently informed his commander that he had ADHD and that the condition was causing him trouble in adapting to the Army.  He was evaluated by mental health and diagnosed with an unspecified adjustment disorder and ADHD with a recommendation that he be administratively separated under the provisions of Chapter 11, Army Regulation 635-200.

6.  On 23 September 1998, the applicant’s commander initiated separation under the provisions of Army Regulation 635-200, Chapter 11, entry-level performance and conduct.  The applicant was advised of the basis for the separation action by the Army National Guard Liaison.  The Liaison recommended on his counseling statement that the recruiter be investigated.  The applicant waived his right to consult with counsel and submitted no statements in his own behalf.  He initialed that he understood he would receive an entry-level separation with an uncharacterized discharge.

7.  On 23 September 1998, the appropriate authority approved the recommendation and directed issuance of an uncharacterized discharge.  

8.  On 29 September 1998, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 11, entry-level performance and conduct.  He had completed 21 days of creditable active service and 2 months and 13 days of prior inactive service.  His character of service was uncharacterized.

9.  In the processing of this case, an advisory opinion was obtained from the medical advisor to the Army Review Boards Agency.  The advisory opinion noted that neither ADHD nor Adjustment Disorder are cause for referral to a medical evaluation board so there was no medical reason to change the applicant’s discharge status.

10.  The applicant rebutted the advisory opinion.  He stated that he was discharged due to his diagnosis of ADHD and his prior use of Ritalin for that disorder.  Both he and his parents spoke to his recruiters at length regarding his diagnosis of ADHD and his use of Ritalin.  The recruiters advised him that since he was no longer using Ritalin there was no reason to disclose that information.  He followed the recruiters’ advice but shortly after he started training he began having problems focusing on his daily tasks.  When he informed his commander of his ADHD, he was told he would be separated but it was his understanding that he would receive an honorable discharge.  Now, when potential employers ask for his DD Form 214 they question his discharge status and have told him it implies that he was not honorably discharged.

11.  Army Regulation 635-200, Chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention.  The following conditions are illustrations of conduct that does not qualify for retention:  cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service.  An uncharacterized description of service is required for soldiers in an entry level status.

12.  Army Regulation 635-200, paragraph 5-11 sets the policy for separating members who were not medically qualified under procurement medical fitness standards when accepted for enlistment.  Medical proceedings, regardless of the date completed, must establish that a medical condition was identified by appropriate military medical authority within 6 months of the soldier’s initial entrance of active duty that would have permanently or temporarily disqualified him or her for entry into the military service or entry on active duty had it been detected at that time and does not disqualify him or her for retention.  Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in entry level status.  

13.  Army Regulation 40-501 governs medical fitness standards for enlistment, retention and separation.  Paragraph 9-11 states that the standards of medical fitness for reserve component soldiers are the same as the standards for active soldiers.  Paragraph 2-32 discusses personality, behavior or academic skills disorders.  It states that one cause for rejection is specific academic skills 

disorders or a chronic history of academic skills disorders that interfere with work or school after age 12.  Current use of medication to improve or maintain academic skills disorders (for example, methylphenidate hydrochloride) is disqualifying.  (Ritalin is methylphenidate hydrochloride.)

CONCLUSIONS:

1.  The Board finds no error in the character of service given to the applicant.  Regulations provide that an uncharacterized description of service is required for soldiers in an entry-level status (no more than 180 days of creditable continuous service).  In addition, at the time he was advised of the proposed separation action he acknowledged that he understood he would receive an entry-level separation with an uncharacterized discharge.  An uncharacterized description of service is not a “dishonorable” or a “bad” discharge; it is merely the Army’s way of acknowledging that soldiers who have been in service less than 6 months have not performed duties long enough to establish whether their service is honorable or not.  The applicant should inform his potential employers of this fact.

2.  However, the Board concludes that the narrative reason for separation given was incorrect.  The applicant clearly did not meet enlistment medical fitness standards and should have been processed for discharge under paragraph 5-11, Army Regulation 635-200 and given a separation code of JFW and a narrative reason of “Failure to Meet Procurement Medical Fitness Standards.”  The narrative reason for separation now shown on his DD Form 214, “Entry Level Performance and Conduct” may be having a prejudicial effect on the applicant’s employment search.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the applicant a new DD Form 214 to show he was discharged under separation authority “AR 635-200, para 5-11” with separation code “JFW” and narrative reason for separation “Failure to Meet Procurement Medical Fitness Standards.”

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__rvo___  __dsj___  __cjs___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999025959	
SUFFIX		
RECON		
DATE BOARDED	20000209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.