IN THE CASE OF: Ms. BOARD DATE: 11 March 2015 CASE NUMBER: AR20140004642 ___________________________________________________________________________ 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 her uncharacterized discharge to honorable. 2. The applicant states, in effect, she was medically discharged; therefore, her characterization of service should have been honorable. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 10 March 2014. b. Discharge Received: Uncharacterized c. Date of Discharge: 28 January 2014 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: C Company, 3d Battalion, 60th Infantry Regiment, 193d Infantry Brigade, Fort Jackson, SC f. Current Enlistment Date/Term: 10 September 2013 / 3 years, 25 weeks g. Current Enlistment Service: 4 months, 19 days h. Total Service: 4 months, 19 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 88 n. Education: Bachelor’s Degree o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 10 September 2013, for a period of 3 years and 25 weeks. She was 27 years old at the time of entry and a college graduate. She completed 4 months and 19 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Jackson, South Carolina. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 7 January 2014, the applicant was diagnosed by competent medical authority with soft tissue irritation, which was incompatible with military service. 2. On 13 January 2014, the unit commander notified the applicant of initiation of separation action under the provisions of AR 635-200, Chapter 5-17, by reason of other designated physical or mental condition for having completed basic combat training but also has left hip pain and advised the applicant of her rights. 3. On 14 January 2014, the applicant waived her right to consult with legal counsel, was advised of the impact of the discharge action, and elected not to submit a statement on her own behalf. 4. On 15 January 20014, the unit and intermediate commanders recommended an entry level discharge with service uncharacterized. 5. On 21 January 2014, 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 January 2014, with a characterization of service listed as uncharacterized. 7. 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 counseling statements, dated 8 January 2014, recommending a Chapter 5-17 separation from the Army. 2. Discharge Order Number 023-1303, dated 23 January 2014, Headquarters, United States Army Training Center and Fort Jackson, South Carolina 29207-5000, reflects the applicant was discharged from the Army effective 28 January 2014. EVIDENCE SUBMITTED BY THE APPLICANT: 1. The applicant provided a DD Form 293, dated 5 March 2014, a DD Form 214 covering the period of service under review. 2. The applicant provided copies of her medical records, enlistment contract, Defense Finance and Accounting Service (DFAS) documents, enlisted record brief, and separation packet. POST-SERVICE ACTIVITY: None were 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.  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 her 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 documents she 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 soft tissue irritation. The applicant continued to have pain with all activities despite medications, prolonged rest, rehabilitative exercises and profiles. Therefore, it was determined this physical condition interfered with her ability to perform her duties and function in a military environment. It was also concluded that the applicant does not meet criteria for a Medical Board. 3. The applicant’s service was uncharacterized because she was in an 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. 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 her 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. 5. Further, eligibility for veteran's benefits to include medical and educational benefits under the 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. 6. 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: 11 March 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) AR20140004642 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1