IN THE CASE OF: Ms. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140002364 ___________________________________________________________________________ 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 her uncharacterized discharge to honorable or general, under honorable conditions. 2. The applicant states, in effect, she did not have any misconduct while enlisted. She had a medical evaluation board (MEB) for a service-connected injury and strongly feels her discharge should be upgraded. She states she filed paperwork with the Department of Veterans Affairs to have the discharge upgraded but was unsuccessfull. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 31 January 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 1 September 2010 d. Reason/Authority/SPD/RE Code: Disability, Severance Pay, Non-Combat Related/AR 635-40, JFO, RE-3 e. Unit of assignment: Company B, 2-10th Infantry, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 1 February 2010/NIF g. Current Enlistment Service: 7 months, 1 day h. Total Service: 1 year, 2 months, 13 days i. Time Lost: None j. Previous Discharges: USAR, 090619-100131, NA (Concurrent Service) 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: NA s. Performance Ratings: NA t. Counseling Statements: NIF u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the United States Army Reserve (USAR) on 19 June 2009, for a period of 8 years. She was 19 years old at the time of entry and a high school graduate. Her records are void of any significant acts of valor and achievement. She completed 1 year, 2 months, 13 days of military service. When her discharge proceedings were initiated, she was in basic training at Fort Leonard Wood, Missouri. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 22 July 2010, a Medical Evaluation Board diagnosed the applicant with a medical condition that made her unfit to perform her military duties and referred her to a Physical Evaluation Board (PEB). 2. On 19 August 2010, the PEB determined the applicant was physically unfit to perform her military duties due to a condition (chronic right hip pain) that occurred in the line of duty and was not due to misconduct. The PEB recommended separation with severance pay. 3. On 23 August 2010, having been informed of the findings and recommendations of the PEB, the applicant concurred and waived a formal hearing of her case. 4. On 31 August 2010, DA, HQS, US Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO, Orders 243-1301, separated the applicant from the USAR, effective 1 September 2010, with an uncharacterized discharge. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Discharge Orders Number 243-1301, dated 31 August 2010. 2. DA Form 3947 (Medical Evaluation Board Proceedings), dated 22 July 2010, reflects the applicant failed to meet retention standards in accordance with AR 40-501, Chapter 3-41a(1) and (2), due to postoperative right hip pain. 3. DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 23 August 2010, reflects the applicant had chronic right hip pain. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 28 January 2014, a DD Form 293, dated 10 February 2014, a DD Form 214, a letter from the Department of Veterans Affairs, dated 26 December 2013, a memorandum from HQs, USA Medical Department Activity, Fort Leonard Wood, MO, dated 30 August 2010, Orders Number 243-1301, dated 31 August 2010, PEB documents, dated 23 August 2010, MEB documents, dated 22 July 2010, DD Form 2870, dated 24 June 2010, memorandum and supporting documents, dated 25 May 2010, medical record from the University of Missouri Health Care, ERB, dated 25 may 2010, and two memorandums, dated 26 May 2010 and 27 May 2010. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation 635-40 governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of a physical disability. Chapter 4 provides for the separation of enlisted Soldiers found to be unfit by a Physical Evaluation Board (PEB) due to a condition which occurred in the line of duty and not due to the Soldier’s misconduct. Paragraph 4-24b(3) provides that Soldiers not having sufficient time in service for retirement would be separated by reason of disability with severance pay. 2. The characterization of service for Soldiers separated under the provisions of Chapter 4, AR 635-40 will normally be honorable unless the Soldier is in an entry-level status. The service of Soldiers in an entry-level status will be uncharacterized. A Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of her discharge was carefully considered. However, after examining the applicant’s record of service, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The evidence of record shows the applicant, while in entry-level status was released from active duty for training under the provisions of Chapter 4, AR 635-200, by reason of a disability (severance pay), that was non-combat related, with character of service described as uncharacterized. 3. The applicant contends her service was honorable and she did not have any other misconduct. However, the characterization of service for Soldiers separated under this provision of the regulation is normally honorable, unless the Soldier is in entry-level status. A Soldier is in entry-level status for the first 180 days of continuous active duty. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when separated in entry-level status. At the time the separation action was initiated, the applicant had only completed 5 months and 22 days of continued active duty service; thus, she was in entry level status at the time. 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 service record confirms that no such unusual circumstances were present and her service did not warrant an honorable discharge. 5. The records show the proper discharge and separation authority procedures were followed in this case. 6. Therefore, the reason for discharge and 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: 12 December 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) AR20140002364 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1