IN THE CASE OF: Mr. BOARD DATE: 12 December 2014 CASE NUMBER: AR20140002433 ___________________________________________________________________________ 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 a change to the narrative reason for his discharge. 2. The applicant states, in effect, he is requesting his narrative reason be changed from other designated physical or mental conditions to medical due to his mental state at the time of his separation. He states his record indicates he was diagnosed with an adjustment disorder. He contends he missed being eligible for benefits by six days as a result of an armed robbery and sexual assault against his wife. He states that event took an extreme emotional toll on him. He states he enlisted in the Army Reserve in a time of war and complied with all the terms of his enlistment. He realized his separation was imminent and he was devastated. But he had to be a good man and support his wife. He requests a change to the narrative reason in order to be eligible for a home loan. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 3 February 2014 b. Discharge Received: Honorable c. Date of Discharge: 27 August 2004 d. Reason/Authority/SPD/RE Code: Other Designated Physical or Mental Conditions, AR 635-200, Chapter 5, Paragraph 5-17, JFV, RE-3 e. Unit of assignment: 223rd Transportation Company, Fort Drum, NY f. Current Enlistment Date/Term: 4 June 2004/NIF g. Current Enlistment Service: 2 months, 24 days h. Total Service: 1 year, 11 months, 10 days i. Time Lost: None j. Previous Discharges: USAR, 020625-040603, NA k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: NIF n. Education: GED o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, AFRM-M, ASR 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 26 June 2002, for a period of 8 years. He was 26 years old at the time of entry and had a GED. He was ordered to active duty on 4 June 2004, for an unknown period of time. His record is void of any significant acts of valor and achievement. He completed a total of 1 year, 11 months, 10 days of military service. When his discharge proceedings were initiated, he was serving at Fort Drum, New York. 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 the applicant was discharged under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for other designated physical or mental conditions, with a honorable characterization of service. The DD Form 214 shows a Separation Code of JFV, with a reentry eligibility (RE) code of 3. 3. The applicant’s service record does not contain any evidence of actions under the UCMJ or any unauthorized absences or time lost. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 21 January 2014, a DD Form 214, excerpt of an police report for a armed robbery, a counseling statement, dated 20 July 2004, on his current family issues, a Report of Mental Status Evaluation, dated 16 July 2004, reflects he was diagnosed with an adjustment disorder, and a event report from the Montgomery County, Maryland Department of Police, dated 9 July 2004. 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, Paragraph 5-17, for other designated physical or mental conditions. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for a change to the narrative reason for his discharge 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 are insufficient mitigating factors to merit a change to the narrative reason. 2. The applicant’s record is void of the specific facts and circumstances concerning the events that led to the discharge from the Army. However, the applicant’s record contains a properly constituted DD Form 214, which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. 3. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, paragraph 5-17, by reason of other designated physical or mental conditions, with a characterization of service as honorable. Barring evidence to the contrary and applying the principle of government regularity, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant's contention that his discharge was based on a medical condition was carefully considered. However, a mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder. A determination on whether his contention has merit cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 5. The applicant requests a change to his narrative reason in order to become eligible for a home loan through the Department of Veterans Affairs. However, eligibility for veteran's benefits 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. 6. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 7. Therefore, based on what is available in the applicant’s record and applying the presumption of government regularity, it appears that the reason for discharge was proper and equitable, thus 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: NA No Change: NA 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: NA 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) AR20140002433 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1