IN THE CASE OF: BOARD DATE: 28 April 2014 CASE NUMBER: AR20140000218 ___________________________________________________________________________ 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 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 his discharge from uncharacterized to honorable. 2. The applicant states, in effect, he was never diagnosed with any type of mental condition prior to his enlistment into the military and he feels his diagnosis was done unfairly. He was forced out and with an uncharacterized characterization of service which bars him from receiving VA benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 30 December 2013 b. Discharge received: Uncharacterized c. Date of Discharge: 25 September 2012 d. Reason/Authority/SPD/RE: Condition, Not a Disability, AR 635-200, Chapter 5 paragraph 5-17, JFV, RE-3 e. Unit of assignment: E Co, 30th AG Battalion, Fort Benning, GA f. Current Enlistment Date/Term: 16 July 2012, 4 years g. Current Enlistment Service: 2 months, 10 days h. Total Service: 2 months, 10 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 97 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: No s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 16 July 2012, for a period of 4 years. He was 18 years old at the time of entry and a high school graduate. His record does not show any acts of valor or significant achievements. He was in initial entry training at Fort Benning, GA when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 21 August 2012, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depression and indicated the applicant met the psychiatric criteria for expeditious administrative separation in accordance with (IAW) the provisions of Chapter 5-17. It was determined that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military. 2. The evidence contained in the applicant’s record indicates that on 7 September 2012, 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 conditions, specifically for being diagnosed with an adjustment disorder with mixed anxiety and depression. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. 4. On 7 September 2012, the applicant was afforded the opportunity to consult with legal counsel, and declined the opportunity to do so, 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 with an uncharacterized discharge. 5. On 19 September 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 6. The applicant was discharged from the Army on 25 September 2012, with a characterization of service listed as uncharacterized. 7. The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 3822-R (Report of Mental Status Evaluation), dated 21 August 2012, which indicated the applicant was diagnosed with an adjustment disorder with mixed anxiety and depression and he met the psychiatric criteria for expeditious administrative separation IAW the provisions of Chapter 5-17. 2. The record contains four counseling statements completed between 2 August 2012 and 29 August 2012, for displaying a very depressed attitude, being recommended for a Chapter 5-17, failing to overcome other designated physical or mental condition and separation action being initiated, under Chapter 5-17. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293. POST-SERVICE ACTIVITY: The applicant did not provide any information with his 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 record 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 issues 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 a competent medical authority with an adjustment disorder with mixed anxiety and depression. It was determined that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military. 3. The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. 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. 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. 5. 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 indicates no such unusual circumstances were present and did not warrant an honorable discharge. 6. The applicant contends he was never diagnosed with any type of mental condition prior to his enlistment into the military and he feels his diagnosis was done unfairly. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unfairly diagnosed. 7. Further, 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. 8. The applicant further contends he was discharged and with an uncharacterized characterization of service which bars him from receiving VA benefits. This is not an adverse separation action and denotes only that the individual had less than 180 days on active duty. 9. Also, 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. 10. 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: April 2014 Location: Washington, DC Did the Applicant Testify: No Counsel: Yes 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 RE Code to: No Change Grade Restoration to: NA Change Authority for Separation: No Change 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) AR20140000218 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1