IN THE CASE OF: Mr. BOARD DATE: 17 April 2015 CASE NUMBER: AR20140005529 ___________________________________________________________________________ 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 uncharacterized discharge to honorable and a change to the narrative reason for separation and reentry code. 2. The applicant states, in effect, his discharge should be upgraded because during basic training he had a lot of family issues at home. He states, his grandmother passed away, another grandparent had stage four cancer and his father had a heart attack. He states, he needed to be home to take care of his family and was told he would be able to reenlist when he had everything figured out. He contends, he wants to fulfill his obligation to the Army. He states, since his discharge he has attended college and grown as a person. He desires to reenlist and believes his separation code is in error. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 24 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 2 June 2010 d. Reason/Authority/SPD/RE Code: Failed Medical, Physical and Procurement Standards, AR 635-200, paragraph 5-11, JFW, RE-3 e. Unit of assignment: A Company, 2nd Battalion, 60th Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 27 April 2010/6 years g. Current Enlistment Service: 1 month, 6 days h. Total Service: 4 months, 6 days i. Time Lost: None j. Previous Discharges: DEP, 100127-100426, NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 111 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 27 April 2010, for a period of 6 years. He was 21 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 1 month and 6 days of active duty service. When his discharge proceedings were initiated, he was serving in Fort Jackson, SC. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 13 May 2010, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of depressive disorder and history of suicide attempts existed prior to entry into the Army. On 19 May 2010, the medical approving authority approved the findings of the EPSB. The applicant concurred with the findings of the EPSB, requested discharge without delay and did not submit a statement on his own behalf. 2. The unit commander recommended separation from the Service under the provisions of Chapter 5, paragraph 5-11, AR 635-200, by reason of failure to meet procurement medical fitness standards. 3. On 25 May 2010, the separation authority directed the applicant’s discharge from the Army. 4. The applicant was discharged from the Army on 2 June 2010, with a characterization of service listed as uncharacterized. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings), dated 13 May 2010, reflects the applicant had a history of mental health issues since the age of 18 and existed prior to his entry into the military. He was diagnosed with a depressive disorder and a history of suicide attempts. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided an online application, dated 17 March 2014 and a DD Form 214. POST-SERVICE ACTIVITY: The applicant states since his discharge he has attended college and grown as a person. REGULATORY AUTHORITY: 1. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501, Chapter 3. 2. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However for Soldiers in entry-level status, it will be uncharacterized. 3. Army Regulation 635-200 states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet medical, physical and procurement standards. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFW" will be assigned an RE Code of 3. 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 applicant’s military records, and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant had a medical condition which was disqualifying for enlistment and that it existed prior to entry on active duty. Subsequently, these findings were approved by competent medical authority. The applicant agreed with these findings and the proposed action for administrative separation from the Army. 3. 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 his separation is initiated while the Soldier is in entry level status. Further, 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 record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 4. The applicant contends that a change in the reason for the discharge and his reentry code would allow for his reenlistment. However, Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, paragraph 5-11, for failure to meet medical, physical and procurement standards. The regulation further stipulates that no deviation is authorized. 5. Further, the SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFW" will be assigned an RE Code of 3. 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 are no basis upon which 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. 6. The applicant contends he had family issues and needed to go home to take care of them and was told he could reenlist after he figured everything out. However, the applicant had a medical condition that existed prior to military service and therefore, made him incompatible with further military service. 7. All the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Therefore, the reason for discharge and the characterization being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 17 April 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) AR20140005529 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1