IN THE CASE OF: Ms. BOARD DATE: 19 November 2014 CASE NUMBER: AR20140000188 ___________________________________________________________________________ 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 upgrade the characterization of her service from uncharacterized to fully honorable. 2. The applicant states, in pertinent part and in effect, she was discharged due to a medical issue with her back. She was not a burden to her unit and did not receive any disciplinary actions. She is seeking an upgrade so that she may register with the VA for housing assistance. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge Received: Uncharacterized c. Date of Discharge: 17 December 2008 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: Co E, 3rd Bn, 13th Infantry Regiment, 193rd Infantry Bde, Fort Jackson, SC f. Current Enlistment Date/Term: 8 October 2008, IADT g. Current Enlistment Service: 0 years, 2 months, 10 days h. Total Service: 0 years, 3 months, 23 days i. Time Lost: None j. Previous Discharges: USAR (080826-081007) / NA k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: None m. GT Score: 115 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None 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 U.S. Army Reserve on 8 October 2008, for a period of 8 years. On 8 October 2008, she reported for IADT at Fort Jackson, SC, pursuant to orders that are not available. She was 19 years old at the time of entry and a high school graduate. Her record documents no acts of valor or significant achievement. She completed 3 months and 23 days of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 8 December 2008 (as acknowledged by the applicant), 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 condition for being unable to complete basic combat training due to an adjustment disorder with mixed anxiety and depressed mood. 2. The unit commander recommended an entry level discharge with service uncharacterized and advised the applicant of her rights. 3. In an undated election of rights memorandum, the applicant waived her right to consult with legal counsel, indicated she understood 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 an uncharacterized discharge. 4. On 10 December 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service. 5. The applicant was discharged from the Army on 17 December 2008, with a characterization of service listed as uncharacterized. 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. Report of Mental Status Evaluation, dated 20 October 2008, indicates the applicant was diagnosed with adjustment disorder with mixed anxiety and depressed mood, and was recommended for an administrative separation pursuant to AR 635-200, paragraph 5-17, for emotional, perception, and thinking control that interfered with her military performance. 2. Eleven negative counseling statements, dated between 17 October 2008 and 2 December 2008, for being recommended for separation; being diagnosed with an adjustment disorder with mixed anxiety and depressed mood; being on profile since the beginning of basic combat training; being recommended for separation due to physical state and medical disabilities; failing to conduct the mandatory training events required for BCT graduation; and USAR counseling requirement and concurrence with commander’s recommendation to separate the applicant. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided none. 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. 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, and the issues she submitted, there were insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record shows the applicant, while in training status, was diagnosed by competent medical authority with an adjustment disorder with mixed anxiety and depressed mood, which prevented her from being able to complete training with this condition. It was determined this physical condition interfered with her ability to perform her duties and her ability to function in the military environment was significantly impaired. 3. 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. Army Regulation 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. 4. A general, under honorable conditions discharge is not authorized under ELS conditions and 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 contains no such unusual circumstances were present and her service did not warrant an honorable discharge. The record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the applicant’s rights were fully protected throughout the separation process. 5. Further, the uncharacterized description of service accurately reflects the applicant’s overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 6. Furthermore, eligibility for veteran's benefits to include medical and educational benefits under the 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. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 19 November 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) AR20140000188 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1