IN THE CASE OF: Mr. BOARD DATE: 7 January 2015 CASE NUMBER: AR20140002252 ___________________________________________________________________________ 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 his uncharacterized discharge to either honorable or general, under honorable conditions and a change to his reentry code. 2. The applicant states, in effect, he desires to rejoin the military. He contends he was 17 years old at the time he entered the Army and he rushed into it. He states during basic training, he was expecting a child and needed to be there for that reason. He states prior to leaving for basic training, he was taking a supplement that caused him to pass out four or more times. He states he was having personal problems as well. He now realizes he made a big mistake and would like to prove himself and is asking for a second chance. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 31 January 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 18 August 2011 d. Reason/Authority/SPD/RE Code: Condition, Not a Disability, AR 635-200, Chapter 5, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: Company B, 3-34th Infantry Regiment, Fort Jackson, SC f. Current Enlistment Date/Term: 12 July 2011/3 years, 21 weeks g. Current Enlistment Service: 1 month, 7 days h. Total Service: 1 month, 7 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-3 l. Military Occupational Specialty: None m. GT Score: 112 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: None r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 12 July 2011, for a period of 3 years and 21 weeks. He was 19 years old at the time of entry and a high school graduate. His record is void of any significant acts of valor and achievement. He completed 1 month and 7 days of active duty service. When his discharge proceedings were initiated, he was serving at Fort Jackson, South Carolina. SEPARATION FACTS AND CIRCUMSTANCES: 1. On 10 August 2011, the unit commander notified the applicant of initiation of separation action under Army Regulation 635-200, Chapter 5, Paragraph 5-17, by reason of other designated physical or mental conditions. Specifically for being diagnosed on 28 July 2011, with an adjustment disorder with depressed mood. 2. Based on the above, the unit commander recommended an uncharacterized discharge. 3. On 10 August 2011, the applicant waived his right to consult 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 Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge. 4. On 12 August 2011, the separation authority waived further rehabilitation efforts and directed the applicant’s discharge with a characterization of service of uncharacterized. 5. The applicant was separated on 18 August 2011, under Army Regulation 635-200, Chapter 5, Paragraph 5-17, with an uncharacterized discharge, an SPD code of JFV, and an RE code of 3. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 293, dated 18 July 2013, DD Form 149, dated 25 July 2013, DD Form 214, DD Forms 4/1 and 4/2, Orders Number 227-1309, dated 15 August 2011, enlistment documents, a copy of his discharge packet, and a counseling statement, dated 28 July 2011. POST-SERVICE ACTIVITY: The applicant did not provide any in support of his 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. 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and a change to the reentry code was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issue and documents he 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 on 28 July 2011, with an adjustment disorder with depressed mood and recommended for separation. 3. The applicant’s service was uncharacterized because he 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 his 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. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There is no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 6. The applicant contends that he was 17 years old at the time he enlisted and rushed into it. However, the record shows the applicant met entrance qualification standards to include age and there is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 7. The applicant further contends he was dealing with personal issues. However, he had many legitimate avenues through the chain of command in which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance. 8. 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: 7 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) AR20140002252 Page 3 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1