IN THE CASE OF: BOARD DATE: 14 November 2014 CASE NUMBER: AR20140000068 ___________________________________________________________________________ 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 an upgrade of her discharge from uncharacterized to honorable. 2. The applicant states through counsel, in effect, her discharge was inequitable because it was a result of a mental health condition caused by sexual assault. Her service qualifies for an honorable discharge under existing discharge authority. Her service and post service conduct merits an honorable discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 16 December 2013 b. Discharge received: Uncharacterized c. Date of Discharge: 2 April 2007 d. Reason/Authority/SPD/RE: Condition, Not a Disability, AR 635-200, Chapter 5, paragraph 5-17, JFV, RE-3 e. Unit of assignment: HHC 23rd Quartermaster Brigade, Fort Lee, VA f. Current Enlistment Date/Term: 8 November 2006, 3 years and 21 weeks g. Current Enlistment Service: 4 months, 25 days h. Total Service: 4 months, 25 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 89 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: No s. Performance Ratings: No t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 8 November 2006, for a period of 3 years and 21 weeks. She was 20 years old at the time of entry and a high school graduate. Her record does not contain any evidence of acts of valor or meritorious achievements. She was in initial entry training at Fort Lee, VA when her discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows on 16 March 2007, the applicant was diagnosed by competent medical authority with a bipolar disorder and indicated the applicant met the psychiatric criteria for expeditious administrative separation in accordance with (IAW) the provisions of Chapter 5-17. It was determined that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military. 2. The evidence contained in the applicant’s record indicates that on 21 March 2007, 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 conditions, specifically for failing to adapt to the military environment and being diagnosed with a bipolar disorder. 3. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of his rights. 4. On 28 March 2007, the applicant was afforded the opportunity to consult with legal counsel, and declined the opportunity to do so, was advised of the impact of the discharge action, and did not submit a statement on her behalf. The unit commander subsequently recommended separation from the Service. The intermediate commander reviewed the proposed action and recommended approval of with an uncharacterized discharge. 5. On 29 March 2007, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 6. The applicant was discharged from the Army on 2 April 2007, with a characterization of service listed as uncharacterized. 7. The applicant’s service record does not contain any evidence of unauthorized absences, time lost or actions under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. DA Form 3822-R (Report of Mental Status Evaluation), dated 16 March 2007, which indicated the applicant was diagnosed with a bipolar disorder and she met the psychiatric criteria for expeditious administrative separation in accordance with (IAW) the provisions of Chapter 5-17, AR 635-200. 2. The record contains a counseling statement, dated 26 March 2007 for initiation of separation action under provision of Chapter 5-17. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, an issues continuation brief (six pages) with the following exhibits: Exhibit A, DD Form 214, Exhibit B, self-authored statement (three pages), Exhibit C, victim reporting preference statement, Exhibit D, Department of Veterans Affairs Rating Decision (VA), and a letter, Swords to Plowshares (three pages). POST-SERVICE ACTIVITY: The applicant did not provide any information with her application. 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 record that warrant such characterization. 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 available records for the period of enlistment under review, the issues and documents submitted with the application, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record shows the applicant while in a training status was diagnosed by competent medical authority with a bipolar disorder. It was determined that the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification), or to any behavioral health treatment methods currently available in the military. 3. The record confirms that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant’s service was uncharacterized because she was in entry-level status. 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. AR 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. 5. The applicant contends her discharge was inequitable because it was a result of a mental health condition produced by sexual assault. The record of evidence shows the applicant was discharged for failing to adapt to the military environment and being diagnosed with a bipolar disorder. Further, the applicant submitted with her application a completed DD Form X511, draft victim reporting preference statement indicating she filed a restricted report with no additional documentation referring to the sexual assault. 6. Further, the independent document (VA) submitted with her application is acknowledged, indicating that the applicant was diagnosed with PTSD which was determined to be service connected and rated as 100 percent disabling and a bipolar disorder which was determined not to be service connected. 7. Also, the applicant’s record does not contain any evidence of in-service diagnosis of PTSD as indicated in the independent documentation from the VA and the applicant did not submit any corroborating evidence of an in-service diagnosis of PTSD. 8. Additionally, the applicant contends her service qualifies for an honorable discharge under existing discharge authority. 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 service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. 9. Furthermore, the applicant contends her service and post service conduct merits an honorable discharge. The applicant did not submit any post service accomplishments with her application. There is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. 10. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 14 November 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: yes [redacted] 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) AR20140000068 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1