IN THE CASE OF: BOARD DATE: 24 November 2014 CASE NUMBER: AR20140000023 ___________________________________________________________________________ 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 change the narrative reason for his discharge. 2. The applicant requests, in pertinent part and in effect, to change the narrative reason for his discharge to “Condition a Service Related Disability,” because the VA has diagnosed him with a severe Post-Traumatic Stress Disorder (PTSD) and awarded him a 50 percent service-connected disability. The narrative reason for his current discharge has also caused the US Treasury to repay his enlistment bonus as he did not complete his contract by three months. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 December 2013 b. Discharge Received: Honorable c. Date of Discharge: 12 January 2012 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: A Co, 4th Bn, 17th Infantry Regiment, 1st BCT, 1st Armored Division, Fort Bliss, TX f. Current Enlistment Date/Term: 15 June 2009, 3 years, 16 weeks (DD Form 214 incorrectly reflects an entry date of 17 June 2009) g. Current Enlistment Service: 2 years, 6 months, 26 days h. Total Service: 2 years, 6 months, 26 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 11B10, Infantryman m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: SWA p. Combat Service: Iraq (091219-100727) q. Decorations/Awards: ARCOM; AGCM; NDSM; ICM-BS; GWOTSM; ASR; CAB r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 15 June 2009, for a period of 3 years and 16 weeks. He was 18 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 11B10, Infantryman. He served in Iraq and earned an ARCOM. He completed 2 years, 6 months and 26 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, and the separation authority’s decision memorandum. 2. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a condition, not a disability, with an honorable characterization of 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 4 January 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with an honorable discharge. 4. The applicant was discharged from the Army on 12 January 2012, with a characterization of service as honorable, under the provisions of AR 635-200, paragraph 5-17, for condition, not a disability, a separation code of JFV, and reentry code as 3. 5. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: There are no negative counseling statements or actions under the Uniform Code of Military Justice. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided with his self-authored statement, VA decision correspondence, dated 10 April 2013; enlistment documents; ABCMR decision correspondence, dated 30 April 2013; Permanent Orders 131-18, dated 11 May 2010; and DD Form 214 for service under current review. POST-SERVICE ACTIVITY: The applicant provided none. 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, 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 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 issue and documents he submitted, there are insufficient mitigating factors to merit a change to the narrative reason for his discharge. 2. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the applicant’s 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. This document identifies the reason and characterization of the discharge. 3. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 5, AR 635-200, paragraph 5-17, by reason of a condition, not a disability, with an honorable character of service. Barring evidence to the contrary and applying the principle of government regularity, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. Furthermore, the applicant contends the narrative reason for the discharge should be changed because the Veterans Administration has granted him a service-connected disability for PTSD. The applicant adds the current narrative reason for his discharge has also caused the US Treasury to request recoupment of his enlistment bonus due to not completing his enlistment contract by three months. However, the narrative reason specified by Army Regulations for a discharge under the aforementioned 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. 5. Therefore, based on what is available in the applicant’s record and applying the presumption of government regularity, it appears that the reason for discharge and the characterization of service were both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 24 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: NA No Change: NA 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: NA 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) AR20140000023 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1