IN THE CASE OF: Ms. BOARD DATE: 31 October 2014 CASE NUMBER: AR20140000501 ___________________________________________________________________________ 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 applicant’s characterization was improper. The applicant was not properly notified as to the specific reasons for which she would not get an honorable characterization as required by paragraph 5-1b, AR 635-200. Accordingly, the Board voted to grant full relief in the form of an upgrade of characterization of service to honorable. However, the Board determined that the reason for discharge was proper and equitable and voted not to change it. 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 general, under honorable conditions to honorable. 2. The applicant states, in effect, that she believes her characterization of serves is incorrect. She contends she was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200 and there is no record of unsatisfactory performance or conduct during her military service. Therefore, she believes her characterization of service should be honorable as she was told by the NCOs and officers that were processing her discharge. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 26 December 2013 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 13 May 2009 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, Chapter 5, paragraph 5-17, AR 635-200, JFV, RE-3 e. Unit of assignment: B Co, 787th MP BN, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 2 July 2008, 5 years g. Current Enlistment Service: 10 months, 12 days h. Total Service: 10 months, 12 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 114 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 applicant enlisted in the Regular Army on 2 July 2008, for a period of 5 years. She was 18 years old at the time of entry and a high school graduate. She was attending training at Fort Leonard Wood, MO when her separation was initiated. Her record documents no acts of valor or significant achievements. She completed 10 months and 12 days of active military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s record indicates on 4 May 2009, 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, not a disability, specifically for being recommended for separation by his physical therapist due to bilateral knee pain. She had a history of injuries to her knees and legs which she recovered from. Since her return to training, she struggled to tolerate running activities due to pain. Her therapist recommended she be separated from the Army under the provisions of AR 635-200, Chapter 5, paragraph 5-17 (Physical Conditions). 2. The unit commander recommended a general, under honorable conditions discharge and advised the applicant of her rights. 3. On 4 May 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation Board, 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 with a characterization of service of general, under honorable conditions. 4. On 6 May 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 13 May 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a conditions, not a disability, with a Separation Program Designator code (SPD) of JFV and an RE code of 3. 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. A memorandum dated 20 March 2008 that indicates the applicant was recommended for Chapter 5-17 (physical) for bilateral knee pain. 2. A counseling statement dated 4 May 2009, for recommendation for Chapter 5-17 (Designated Physical or Mental Conditions), AR 635-200. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a copy of her separation packet and a copy of her marriage license. 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. DISCUSSION AND RECOMMENDATION: 1. After a careful review of all the applicant’s military records for the period of enlistment under review and the issues and documents she submitted, it appears that the characterization of service was improper. 2. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, under honorable conditions under this chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. 3. The records show the proper discharge and separation procedures were not followed in this case. 4. Therefore, the characterization not being proper and equitable, the analyst recommends the Board grant full relief in the form of an upgrade of the applicant's characterization of service to honorable. However, the reason for discharge was both proper and equitable. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 31 October 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable 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) AR20140000501 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1