BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20150019223 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____x____ ___x_____ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20150019223 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 16 January 2016, by: a. correcting item 25 to show the entry "Army Regulation 635-200, paragraph 5-17"; b. correcting item 26 to show the entry "JFV"; and c. correcting item 28 to show the entry "Condition, Not a Disability." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 24 (Character of Service) of his DD Form 214 to show the entry "under honorable conditions (general)." ______________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20150019223 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his character of service as "under honorable conditions (general)" instead of "uncharacterized" * his narrative reason for separation as "condition, not a disability" instead of "entry level performance and conduct" 2. The applicant states, in effect, he should have been discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17, because of his medical issues. 3. The applicant provides his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 2 July 2013. He was assigned to Fort Benning, Georgia, for the purpose of initial entry training. He did not complete this training. 3. The applicant's DD Form 2807-1 (Report of Medical History) and DD Form 2808 (Report of Medical Examination), both dated 6 September 2012, show he was in good health, with no health issues, and he was deemed qualified for service by the examining physician at the military entrance processing station. 4. The applicant's DA Form 3822 (Report of Mental Status Evaluation), dated 24 October 2013, shows the applicant self-referred to the Community Mental Health Services (CMHS) and was evaluated by a licensed medical provider. The medical provider stated his behavior was cooperative with normal perceptions and unlikely to be impulsive with no obvious impairments. It stated the applicant could participate in administrative proceedings, can understand the difference between right and wrong, and met medical retention requirements. It additionally stated: * from a behavioral health standpoint, he was deemed unfit for duty due to a personality disorder or other mental condition that did not amount to a medical disability * he was diagnosed with "adjustment disorder with mixed anxiety and depressed mood" * he met psychiatric criteria for expeditious administrative separation in accordance with Army Regulation 635-200, paragraph 5-17, condition, not a disability 5. The applicant's commander notified him on 4 December 2013 that he was initiating action to separate him from the service under the provisions of Army Regulation 635-200, paragraph 5-17, due to other designated physical or mental conditions. He was advised of his rights and his commander cited, as the specific reason for his proposed action, the 24 October 2013 CMHS recommendation to separate him based upon his diagnoses of adjustment disorder with mixed anxiety and depressed mood. That this condition precludes Soldiers from further military service and based upon the diagnosis, separation from the service would be in the best interest of him and the Army. He further recommended a characterization of service as "uncharacterized" as he was in an entry-level status. 6. On this same date, the applicant acknowledged receipt of the separation notification memorandum. He stated he understood the contemplated action against him, waived consulting with counsel, and elected not to make any statements in his own behalf. 7. Subsequent to his acknowledgement, the applicant's immediate commander recommended the applicant's separation from the Army under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of his mental condition (adjustment disorder with mixed anxiety and depressed mood). 8. On 6 December 2013, the applicant's intermediate commander recommended the applicant's separation from the Army under the provisions of Army Regulation 635-200, paragraph 5-17, and recommended his service be uncharacterized. 9. On 11 December 2013, consistent with the chain of command's recommendations, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 5-17; waived rehabilitative transfer requirements; and directed his service be uncharacterized. He further determined the applicant would not be transferred to the Individual Ready Reserve. 10. The applicant was discharged on 16 January 2014. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, chapter 11, by reason of entry-level performance and conduct. He completed 6 months and 15 days of net active service. It further shows he received an uncharacterized description of service and was assigned a separation code of "JGA." 11. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. REFERENCES: 1. Army Regulation 635-200 prescribes policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. Chapter 5 states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in an entry-level status. d. Paragraph 5-17 provides that commanders, who are special court-martial convening authorities, may approve separation actions under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to, or performance of, duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability which is sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. e. Chapter 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she will normally be separated per this chapter. Service will be uncharacterized for entry-level separation under the provisions of this chapter. 2. 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 code to be entered on the DD Form 214. a. It identifies the SPD code of "JFV" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, paragraph 5-17, based on a physical condition, not a disability. b. It identifies the SPD code of "JGA" as the appropriate code to assign to enlisted Soldiers administratively discharged under the provisions of Army Regulation 635-200, chapter 11, based on entry-level performance and conduct. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to show his character of service as "under honorable conditions (general)" instead of "uncharacterized" and to show his narrative reason for separation as "condition, not a disability" instead of "entry level performance and conduct" was carefully considered. 2. The evidence shows the applicant self-referred to the mental health clinic for an evaluation and was diagnosed with an adjustment disorder with mixed anxiety and depressed mood. The CMHS recommended his administrative separation under provisions of Army Regulation 635-200, paragraph 5-17, by reason of condition, not a disability. As a result, his chain of command initiated separation actions against him in accordance with the above provisions for a medical condition that did not amount to a disability. 3. Applicable Army regulations provide that a Soldier separated for the convenience of the government will be awarded a character of service of uncharacterized if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. At the time actions were initiated, he had served less than 180 days of continuous active duty service. As such, he was in an entry-level status. 4. The applicant contends his narrative reason for separation should be "condition, not a disability" as directed by the separation authority and his service should be characterized as "under honorable conditions (general)." 5. The applicant's DD Form 214 indicates he was discharged by reason of "entry level performance and conduct" under the provisions of Army Regulation 635-200, chapter 11, with "uncharacterized" service. This reason for discharge is contradictory to the separation authority's directive and it appears that an administrative error occurred in processing his DD Form 214. His service characterization is correct as the applicable regulatory guidance dictates a Solider in an entry-level status at the time of his discharge under the provisions of paragraph 5-17 will be given an uncharacterized description of service. 6. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier did not serve on active duty long enough for his or her service to be rated. 7. An honorable or general under honorable conditions discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no such circumstances present in his records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019223 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019223 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2