IN THE CASE OF: Mr. BOARD DATE: 22 April 2015 CASE NUMBER: AR20140006547 ___________________________________________________________________________ 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 to upgrade the characterization of his service from uncharacterized to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, his discharge is improper and inequitable because he experienced family and personal problems, which were not appropriately considered or addressed, and he received incompetent legal advice during his discharge proceedings. An exception to entry-level status (ELS) should also be provided. His discharge is inequitable because of the unusual circumstances and factors present during his enlistment and separation process. His chain of command failed to provide him adequate counseling and rehabilitation. Since his discharge, as the head of a household, he has been self-employed as a painter. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 14 April 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 21 February 2014 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: Co G, 232rd Trainee MC, Fort Sam Houston, TX f. Current Enlistment Date/Term: 8 October 2013, 4 years g. Current Enlistment Service: 0 years, 4 months, 14 days h. Total Service: 0 years, 4 months, 14 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 120 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: None SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 8 October 2013, for a period of 4 years. He was 28 years old at the time of entry and a high school graduate. His record documents no acts of valor or significant achievement. He completed 4 months and 14 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature. 2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with an uncharacterized service. The DD Form 214 shows a Separation Code of JFV (i.e., physical condition, not a disability), with a reentry eligibility (RE) code of 3. 3. On 21 February 2014, Orders 052-1100, DA, HQ, US Army North (Fifth Army), Joint Base San Antonio, Military Personnel Division, JBSA Fort Sam Houston, TX, discharged the applicant from the Regular Army, effective 21 February 2014. 4. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders described at the preceding paragraph 3. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; PCS and assignment Orders; vaccine administration record; Record of Emergency Data and SGLI; enlistment contract; personal data printout, dated 11 October 2013; reservation printout for basic and AIT courses; applicant’s data report, dated 30 September 2013; job qualification information; USMEPCOM Processee/Enlistee record; MGIB Basic Enrollment; copies of social security card and driver’s license; birth certificate; high school diploma; DD Form 214 and discharge orders for service under current review; CIF clothing transaction record; separation interview checklist; BAQ allotment change; memorandum for record, subject: Request to Clear Installation, dated 10 February 2014; character reference statement; and separation packet consisting of the following: a. On 7 February 2014 (as acknowledged by the applicant), 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 for being diagnosed by competent medical authority with an adjustment disorder anxiety/occupational problem. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. b. The applicant’s consultation with legal counsel and election of rights response was not provided. On 10 February 2014, the unit commander subsequently recommended separation from the Service. On 11 February 2014, the intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge. c. On 13 February 2014, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. POST-SERVICE ACTIVITY: The applicant states, in effect, he is self-employed as a painter in a small town. 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. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, physical condition, not a disability. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" 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 and to change the narrative reason for 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 and documents he submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge or to change the narrative reason for his discharge. 2. The applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability, with an uncharacterized separation of service and a reentry eligibility (RE) code of 3. 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. Furthermore, the uncharacterized description of service accurately reflects the applicant’s overall record of service. 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. 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 record shows that no such unusual circumstances were present and his service did not warrant an honorable discharge, although the applicant presented this as part of his contentions. 5. The applicant contends his discharge is improper and inequitable because of not receiving competent legal advice and the presence of unusual circumstances and factors during his enlistment and separation process. However, 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 his issues. The applicant did not produced sufficient evidence to support the contention that he may have been unjustly discriminated. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or sufficient evidence has been provided with the request for an upgrade of the discharge or to change the narrative reason for his discharge. 6. The applicant contends he is entitled to an upgrade of his discharge and a change to the narrative reason for his discharge because of mitigating circumstances which led to his discharge. Specifically, he claims family and personal issues resulted in his discharge. While the applicant may believe those issues were the underlying cause of his discharge, the available evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. 7. The applicant contends he received no counseling or any rehabilitative assistance. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer or rehabilitative efforts will serve no useful purpose or produce a quality Soldier. 8. The applicant’s post-service accomplishments have been noted as outlined on the application. However, in review of the applicant’s available record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. 9. Regarding the applicant’s contention that the narrative reason for the discharge should be changed, he was separated under the provisions of Chapter 5, paragraph 5-17, AR 635-200 with an uncharacterized characterization of service as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Condition, Not a Disability," and the separation code is "JFV." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 10. Therefore, based on the available evidence and the presumption of government regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 22 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) AR20140006547 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1