IN THE CASE OF: Mr. BOARD DATE: 30 January 2015 CASE NUMBER: AR20140003098 ___________________________________________________________________________ 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 improperly discharged on the premise of a false mental diagnosis; his diagnosis regarding his condition was not supported by any documentation; his enlistment physical revealed no mental or behavioral disorder. His service record did not contain any documentation indicating he was not allowed and/or willing to perform assigned tasks due to any mental or behavioral condition. The data provided to his unit was inconsistent, the doctor’s diagnosis in section V was psychiatric disorder and section II was unfit for duty due to a personality disorder. He was not afforded the opportunity for rehabilitation or to improve his conduct. He desires to reenlist in the Army. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 12 February 2014 b. Discharge received: Uncharacterized c. Date of Discharge: 28 June 2011 d. Reason/Authority/SPD/RE: Condition, Not a Disability, AR 635-200, Chapter 5, paragraph 5-17, JFV, RE-3 e. Unit of assignment: A Co, 2-58th Infantry Regiment, Fort Benning, GA f. Current Enlistment Date/Term: 7 February 2011, 3 years and 16 weeks g. Current Enlistment Service: 4 months, 22 days h. Total Service: 4 months, 22 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 119 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 7 February 2011, for a period of 3 years and 16 weeks. He was 18 years old at the time of entry and a HS Graduate. His record does not contain any evidence of acts of valor or meritorious 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 on 16 June 2011, the applicant was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood. In the opinion of the medical authority 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. He met the criteria for expeditious administrative separation in accordance with (IAW) Chapter 5-17, AR 635-200. 2. The evidence contained in the applicant’s record indicates on 17 June 2011, 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, for being diagnosed with an adjustment disorder with mixed anxiety and depressed mood. This disorder was so that the applicant’s ability to function effectively in the military environment was significantly impaired; with a further recommendation he have no access to weapons or ammunition. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. 4. On 17 June 2011, the applicant was afforded the opportunity to consult with legal and declined the opportunity to do so, was advised of the impact of the discharge action, waived consideration of his case by an administrative separation board (although he was not entitled to a board), and did not submit a statement on his 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. 5. On 22 June 2011, 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 28 June 2011, 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. A DA Form 3822 (Report of Mental Status Evaluation), dated 16 June 2011, indicating the applicant was diagnosed with an adjustment disorder with mixed anxiety and depressed mood and recommended for separation under the provisions of Chapter 5-17. 2. The record contains two counseling statements; dated 6 June 2011 and 17 June 2011 for self-referring to CMHS and regarding his self-referral being recommended for separation IAW Chapter 5-17, AR 635-200. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, with an issues continuation page, personal summary of discharge (three pages), DA Form 3822 (Report of Mental Status Evaluation, three pages), unit commander’s recommendation memorandum (three pages), DD Form 214, DD Form 2807-2 (Medical Prescreen of Medical History Report), chronological record of medical care, supplemental health screening questionnaire, DA Form 4856 (Developmental Counseling Form), and a list of documents in support of an upgrade of his discharge. 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, the issues 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 was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood. It was determined 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. He met the criteria for expeditious administrative separation in accordance with (IAW) Chapter 5-17, AR 635-200. 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. 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. 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. 5. 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. 6. The applicant contends he was improperly discharged on the premise of a false mental diagnosis; his diagnosis regarding his condition was not supported by any documentation; his enlistment physical revealed no mental or behavioral disorder. 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 unjustly discharged. 7. The applicant further contends his service record did not contain any documentation indicating he was not allowed and/or willing to perform assigned tasks due to any mental or behavioral condition. In a counseling statement dated 17 June 2011, the chain of command monitored the applicant’s conduct, hoping that it would improve enabling him to continue with the remainder of his training. He was diagnosed by CMHS with an adjustment disorder with mixed anxiety and depressed mood and recommended for separation under Chapter 5-17. 8. The applicant also contends the data provided to his unit was inconsistent, the doctor’s diagnosis in section V was psychiatric disorder and section II was unfit for duty due to a personality disorder. In section II of the mental status evaluation, it further stated or other mental condition that does not amount to a medical disability. In section V, he was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. The evaluation was not inconsistent. 9. The applicant additionally contends he was not afforded the opportunity for rehabilitation or to improve his conduct. The mental status evaluation indicated 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. 10. The applicant desires to reenlist in the Army. 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 is no basis 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. 11. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 30 January 2015 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 UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140003098 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1