IN THE CASE OF: BOARD DATE: 5 December 2014 CASE NUMBER: AR20140000038 ___________________________________________________________________________ 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 states, in effect, he was discharged for a service-connected anxiety disorder condition. He asserts the reason for his separation needs to reflect “disability,” so that he may receive his full GI Bill benefits. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 December 2013 b. Discharge Received: Honorable c. Date of Discharge: 7 January 2011 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: 546th Trans Co, 330th Trans Bn, 82nd Sustainment Bde (Rear) (Provisional), Fort Bragg, NC f. Current Enlistment Date/Term: 24 September 2008, 4 years, 16 weeks g. Current Enlistment Service: 2 years, 3 months, 14 days h. Total Service: 10 years, 3 months, 21 days i. Time Lost: None j. Previous Discharges: USAF (920818-930222) / UNC ARNG (960322-990301) / GD USAR (990302-030924) / NA k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 116 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM-BS; GWOTSM; ASR; AFTR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 24 September 2008, for a period of 4 years, 16 weeks. He was 34 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. His record documents no acts of valor or significant achievement. He completed 10 years, 3 months, and 21 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 15 November 2010, 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 physical or mental conditions, not a disability for being diagnosed by competent medical authority with a mental disorder, and that he has not recovered within the given rehabilitation time frame. 2. The commander recommended an honorable discharge and advised the applicant of his rights. 3. On 4 November 2010, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an honorable discharge. 4. On 24 November 2010, the separation authority directed the applicant’s discharge with a characterization of service of honorable. 5. The applicant was discharged from the Army on 7 January 2011, with a characterization of service of honorable. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Two negative counseling statements, dated 7 July 2009 and 16 September 2010, for being notified of separation proceedings; not being recommended for promotion; not passing his APFT; and requiring attitude improvement. 2. Report of Behavioral Health Evaluation, dated 7 September 2010, indicates the applicant was diagnosed with adjustment disorder with disturbance of emotions and personality disorder NOS with borderline and histrionic features, and was recommended for an expeditious discharge. 3. Office of the Surgeon General concurrence memorandum for this applicant's 5-17 separation action dated 9 September 2010. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review; VA correspondence, dated 19 September 2013; and doctor’s letter, dated 6 August 2008. 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, for a 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 a RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change in the 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 factors to merit a change to the reason for the discharge. 2. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with disturbance of emotions and personality disorder NOS with borderline and histronic features. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other physical or mental condition not amounting to a disability, with an honorable characterization of service. 3. The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, at the time of discharge the applicant was appropriately discharged for a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis. 4. The applicant contends that a change to the narrative reason for his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, the Board does not grant relief for the purpose of obtaining educational benefits. 5. Therefore, the narrative reason for discharge being both proper and equitable, recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 5 December 2014 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) AR20140000038 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1