IN THE CASE OF: Ms. BOARD DATE: 19 March 2014 CASE NUMBER: AR20130011999 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined that 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 discharge from uncharacterized to general, under honorable conditions. 2. The applicant states, in effect, that she received a medical discharge for her Line of Duty (LOD) injuries under honorable conditions and feels that it should be reflected on her DD Form 214 which will allow her to take care of her legal issues. She has two LOD’s with this classification and cannot receive care for the permanent injuries on the LOD for which she was discharged. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 21 June 2013 b. Discharge received: Uncharacterized c. Date of Discharge: 12 March 2013 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: Company D, 3rd Battalion, 60th Infantry Regiment Fort Jackson, SC f. Current Enlistment Date/Term: 2 January 2013, 6 years g. Current Enlistment Service: 2 month, 11 days h. Total Service: 7 month, 24 days i. Time Lost: None j. Previous Discharges: USAR 120719-130101/NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 108 n. Education: 14 years o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army Reserve on 19 July 2012, for a period of 8 years. She came on active duty for a period of 6 years on 2 January 2013, at the age of 30 and completed 14 years of education. Her record does not show any acts of valor or significant achievements. At the time of her discharge she was serving at Fort Jackson, SC. SEPARATION FACTS AND CIRCUMSTANCES 1. The evidence contained in the applicant’s record indicates that on 25 February 2013, 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, not a disability, specifically for not being able to complete her Basic Combat Training due to having pain in her hips and knees. 2. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of her rights. 3. On 26 February 2013, the applicant waived legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her own 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 28 February 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 5. On 12 March 2013, the applicant was discharged from the Army. 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. Two Statements of Medical Examination and Duty Status dated 11 February 2013 and 7 February 2013, with a medical diagnosis that indicates the applicant suffered from bilateral hip and knee pain. EVIDENCE SUBMITTED BY THE APPLICANT The applicant provided two DA Forms 2173 (Statement of Medical Examination and Duty Status) with the application. 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. 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, the issue and documents submitted with the application, 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 having pain in her hips and knees and was unable to complete her Basic Combat Training. It was determined that this physical condition interfered with her ability to perform her duties and to function in the military environment. 3. The applicant’s service was uncharacterized because she 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. AR 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. The applicant contends that she received a medical discharge for her Line of Duty (LOD) injuries under honorable conditions and feels that it should be reflected on her DD Form 214 which will allow her to take care of her legal issues. She has two LOD’s with this classification and cannot receive care for the permanent injuries on the LOD for which she was discharged. 5. A general discharge is not authorized under ELS status. The applicant’s requested change which will allow her to take care of her legal issues and that she has two LOD’s with this classification and cannot receive care for the permanent injuries on the LOD for which she was discharged does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 6. Additionally, 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. 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: Record Review Date: 19 March 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 UOTH - Under Other Than Honorable ADRB Case Report and Directive (cont) AR 20130011999 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1