IN THE CASE OF: BOARD DATE: 15 October 2014 CASE NUMBER: AR20140011613 ___________________________________________________________________________ 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 ther 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 would like the ability to receive her benefits in order to improve her financial situation and to support her family. In addition, the applicant contends she needs health insurance to be able to visit the doctor to treat medical ailments. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 25 June 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 26 February 2008 d. Reason/Authority/SPD/RE Code: Failed Medical/Physical/Procurement Standards, AR 635-200, Chapter 5-11, JFW RE-3 e. Unit of assignment: Company A, 3rd Battalion, 34th Infantry Regiment, 165th Infantry Brigade, Fort Jackson, South Carolina f. Current Enlistment Date/Term: 16 October 2007/6 weeks (IADT) g. Current Enlistment Service: 4 months, 11 days h. Total Service: 5 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: None m. GT Score: 66 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: N/A s. Performance Ratings: N/A t. Counseling Statements: None u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard (ARNG) on 31 August 2007, for a period of 8 years. She was 41 years old at the time of entry and a high school graduate. She completed 5 months and 25 days of creditable military service. When her discharge proceedings were initiated, she was serving at Fort Jackson, South Carolina. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 28 January 2008, an Entrance Physical Standards Board (EPSB) convened and determined the applicant’s medical condition of Psychotic Disorder NOS existed prior to entry into the Army. The applicant reviewed and concurred with the findings of the EPSB, requested discharge without delay and elected to submit a statement on her behalf. 2. On 18 February 2008, 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 with an uncharacterized discharge. 3. On 21 February 2008, the separation authority directed the applicant’s discharge with a characterization of service listed as uncharacterized. 4. On 21 February 2008, the applicant non-concurred on the ATZJ-RCS Form 350-6-200 (US Army Reserve and National Guard Liaison Counseling Form) stating she wants to remain in the US Army and want to see an attorney. The applicant further stated that she disagreed with what the doctor reported and that what he reported about her was untrue. 5. The applicant was discharged from the Army Reserve and returned to the Army National Guard on 26 February 2008. 6. On 11 March 2008, the applicant was discharged from the Army National Guard and as a reserve, 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. Discharge Order Number 053-1312, dated 22 February 2008, Department of the Army, Headquarters, United States Army Training Center and Fort Jackson, South Carolina 29207-6430, discharged the applicant from active duty training, discharged from the Reserve of the Army, and returned to the Army National Guard effective 26 February 2008. 2. Discharge Order Number 73-1027, dated 13 March 2008, Joint Force Headquarters (JFH), California Army National Guard, 9800 Goethe Road, Sacramento, California 95826-9101, discharged the applicant from the Army National Guard and as a reserve of the Army effective 11 March 2008. 3. NGB Form 22E (Report of Separation and Record of Service), discharged the applicant from the Army National Guard of California and as a Reserve of the Army effective 11 March 2008, with a characterization of service listed as uncharacterized. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, dated 11 June 2014, and a DD Form 214 covering the period of service under review. POST-SERVICE ACTIVITY: None provided with the application. 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 ther 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. 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 applicant’s military records, and the issue 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 a 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 her 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 her service did not warrant an honorable discharge. 4. The applicant contends her discharge should be upgraded because she needs the benefits to improve her financial situation, to support her family, and to obtain health insurance in order to see a doctor for her medical ailments. However, the issues the applicant submitted are not matters upon which the Army Discharge Review Board grants a change in discharge because they raise no matter of facts, laws, procedures, or discretions related to the discharge process, nor is it associated with the discharge at the time it was issued. 5. All the requirements of law and regulation were met and that the rights of the applicant were fully protected throughout the separation process. 6. 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: 15 October 2014 Location: Washington, DC Did the Applicant Testify? No Counsel: None 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: No Change Change RE Code to: No Change 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) AR20140011613 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1