IN THE CASE OF: Mr. BOARD DATE: 1 May 2015 CASE NUMBER: AR20140002051 ___________________________________________________________________________ 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 of service is improper and the reason for his discharge is inequitable because an inappropriate Chapter was used to separate him. The applicant was released from active duty under the provisions of Chapter 11, Army Regulation 635-200, at his first duty assignment, after he completed his IET and was awarded an MOS. The regulation further stipulates that a Soldier who completed IET, been awarded an MOS, and been assigned to a follow-on unit would not be described as entry level with service uncharacterized. In view of the aforementioned, the Board voted to grant full relief in the form of an upgrade of the characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF." 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 his service from uncharacterized to fully honorable. 2. The applicant states, in pertinent part and in effect, during his military service, he was seen by the psychiatry service. He was receiving a heavy dosage of medication by the military doctor and was discharged with an uncharacterized service, which was not his fault. He was also granted a service-connected disability. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 27 January 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 10 April 2002 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200, Chapter 11, LGA, RE-3 e. Unit of assignment: Co C, Walter Reed Army Med Ctr, Washington, DC f. Current Enlistment Date/Term: 25 September 2001, 4 years g. Current Enlistment Service: 0 years, 6 months, 16 days h. Total Service: 0 years, 6 months, 16 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 91W10, M6 Health Care Specialist m. GT Score: 111 n. Education: 2-year College o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 25 September 2001, for a period of 4 years. He was 27 years old at the time of entry and had a two-year college education. He was trained in and awarded military occupational specialty (MOS) 91W10, M6 Health Care Specialist. His record documents no acts of valor or significant achievement. He completed 6 months and 16 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates on 10 April 2002, the applicant was discharged under the provisions of Chapter 11, AR 635-200, with the reason specified as entry level performance and conduct and the characterization described as uncharacterized. The DD Form 214 shows a Separation Program Designator (SPD) code of LGA, and a reentry (RE) code of 3. 3. The applicant’s available record does not show any record of actions under the UCMJ or unauthorized absences or time lost. 4. On 8 April 2002, HQDA, Walter Reed Army Medical Center, Washington, DC, Orders Number 098-01, discharged the applicant from the Army, effective 10 April 2002. 5. The applicant’s available record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge orders. 2. There is no record of any negative counseling statement. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 for service under current review; a report of mental status evaluation, dated 7 February 2002; and VA decision letter and related documents, dated 2 July 2004. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. 2. Chapter 11 of Army Regulation 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. 3. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. 2. After a careful review of the applicant’s available military records, and the issues and documents submitted with the application, it appears the characterization of service and reason for discharge are both improper. 3. The service record confirms the applicant was separated from the Army under the provisions of Chapter 11, Army Regulation 635-200, by reason of entry level performance and conduct, with an uncharacterized discharge. However, the record further reflects the applicant had completed IET, been awarded an MOS, and been assigned to a follow-on unit. Army Regulation 635-200, paragraph 3-9a(3) provides that a Soldier who has completed IET, been awarded an MOS, and reported for duty at a follow-on unit of assignment will not be described as entry level with service uncharacterized. 4. Furthermore, the applicant’s submitted evidence indicates the applicant was diagnosed as having a generalized anxiety disorder and panic disorder by an Army psychiatrist who recommended the Soldier be discharged for failure to adapt. As such, for a determination whether the narrative reason for the applicant’s discharge would be appropriate under the provisions of: a. Paragraph 5-13 (personality disorder), which requires a diagnosis of personality disorder and paragraph 5-17 (condition, not a disability), which requires documentation confirming the existence of the physical or mental condition, and for both provisions, the regulation further stipulates that separation may not be initiated until Soldier has been formally counseled concerning deficiencies and afforded ample opportunity to overcome any deficiencies. b. Chapter 13 (unsatisfactory performance), is based on a determination that the Soldier is unqualified for further military service because of unsatisfactory performance. The regulation also requires counseling and rehabilitation requirements prior to initiating separation action against the Soldier. c. Given the lack of evidence concerning any misconduct or the fulfillment of any counseling or rehabilitative requirements, it appears none of the aforementioned provisions are substantiated for consideration toward using either provision as basis for the applicant’s discharge. 5. Accordingly, the available records show the proper discharge and separation procedures were not followed in this case. 6. Therefore, the characterization and reason for discharge being improper, recommend the Board grant full relief in the form of an upgrade of characterization of service to “Honorable,” and a change to the narrative reason for separation to “Secretarial Authority,” under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of "JFF." This action does not entail a change to the reentry eligibility (RE) code; however, the Board can consider it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 1 May 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 4 No Change: 1 Reason Change: 4 No Change: 1 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Secretarial Authority Change Authority for Separation: AR 635-200, Chapter 5-3 Change RE Code to: NA Grade Restoration to: NA Other: Change SPD code to JFF 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) AR20140002051 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1