IN THE CASE OF: BOARD DATE: 9 January 2015 CASE NUMBER: AR20140000129 ___________________________________________________________________________ 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 a change to his narrative reason for discharge. 2. The applicant states, in effect, that his discharge was unjust. He contends the second Article 15 he received was due to being on sleeping medication. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 December 2013 b. Discharge received: Honorable c. Date of Discharge: 31 January 2013 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200 Chapter 5-17, JFV, RE-3 e. Unit of assignment: 317th Maint Co, 391st CSSB, 16th SB, APO AE f. Current Enlistment Date/Term: 5 May 2010, 4 years g. Current Enlistment Service: 2 years, 8 months, 27 days h. Total Service: 5 years, 21 days i. Time Lost: None j. Previous Discharges: RA-080110-100504/HD k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91B10, Wheeled Vehicle Mechanic m. GT Score: 100 n. Education: GED o. Overseas Service: Southwest Asia p. Combat Service: Iraq (090910-100815) q. Decorations/Awards: ARCOM, AAM, AGCM, ICM-w/CS, NDSM GWOTSM, ASR, OSR-2 r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 10 January 2008, for a period of 3 years and 25 weeks. The applicant's DD Form 214 under review indicates the applicant reenlisted on 5 May 2010, for a period of 4 years. He was 20 years old at the time of reenlistment and had a high school equivalency (GED). His record indicates he served in Iraq; earned several awards to include the ARCOM, AAM, and the AGCM, and achieved the rank of SPC/E-4. He was serving in Germany when his discharge was initiated. He completed a total of 5 years and 21 days of active military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 21 May 2012, the applicant was diagnosed by competent medical authority with an adjustment disorder with depressed mood. 2. On 25 September 2012, 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 condition, not a disability for being diagnosed by competent medical authority with an adjustment disorder with depressed mood on 21 May 2012. 3. The commander recommended a honorable discharge and advised the applicant of his rights. 4. On 2 October 2012, 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. 5. On 4 October 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of honorable. 6. The applicant was discharged from the Army on 31 January 2013, with a characterization of service of honorable under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with a Separation Program Designator code (SPD) of JFV and a RE code of 3. 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. Report of Mental Status Evaluation, dated 21 May 2012, indicating the applicant had been diagnosed with an adjustment disorder with depressed mood. The remarks section indicated the applicant's packet would need to be submitted to the Surgeon General for a waiver before the chapter could be approved. 2. A Memorandum, dated 10 May 2012, Notice for a Mental Health Evaluation and Notice of Soldiers' Rights, indicating the applicant was being referred for a mental health evaluation because of his behavior. He had received a CG Article 15 for four counts of failing to report for duty, and a FG Article 15 for three counts of failing to report for duty. It was also noted he was currently on medication that limited his ability to wake up and report to duty on time. 3. A Memorandum, dated 12 July 2012, signed by the Chief, Behavioral Health Division, indicating the recommendation for administrative separation of the applicant for a Chapter 5-17; other designated physical or mental conditions. 4. A counseling statement, dated 17 August 2012, concerning his responsibilities during Chapter 5-17 proceedings. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149 in lieu of a DD Form 293, a self-authored statement, two letters of support, progress notes, dated 27 September 2013, a copy of his discharge packet to include the report of mental status evaluation, retirement or separation physical, and several chronological records of medical care, dated between 11 January 2008, and 1 June 2012. POST-SERVICE ACTIVITY: None were provided with the 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 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 a 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 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, the issues, and documents he submitted, there are insufficient factors to merit a change to the narrative reason for the discharge. 2. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood. 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. 4. The applicant contends he was discharged unjustly. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharge. The evidence of records show separation action was initiated against the applicant after competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood. 5. Army Regulation 635-1 (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 Chapter 5, paragraph 5-17, Army Regulation 635-200, for other designated physical or mental conditions. The regulation further stipulates that no deviation is authorized. Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. 6. The records show the proper discharge and separation authority procedures were followed in this case. 7. Therefore, the narrative reason for discharge 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: 9 January 2015 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) AR20140000129 Page 4 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1