IN THE CASE OF: Ms. BOARD DATE: 20 March 2015 CASE NUMBER: AR20140004184 ___________________________________________________________________________ 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. The applicant was released from active duty under the provisions of Chapter 11, Army Regulation 635-200 for entry level performance and conduct. The Board noted the applicant completed 192 days of continuous active service, and was no longer in an entry level status at the time her separation action was initiated. Army Regulation (AR) 635-200 stipulates that 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, and that Soldiers ordered to IADT for one continuous period, the entry level status terminates 180 days after beginning training. As such, the applicant, no longer in an entry-level status, the Board considered that the reason for her separation would be appropriate under the provisions of paragraph 5-17, AR 635-200, condition, not a disability according to the physical therapist’s recommendation. 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 “Condition, Not a Disability,” under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, with a corresponding separation (SPD) code of "JFV." 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 her service from uncharacterized to fully honorable and to change the narrative reason for her discharge. 2. The applicant states, in effect, her physical therapist recommended a separation under paragraph 5-17, AR 635-200, on 14 January 2014. She reached 180 days of active duty on 11 January 2014, and according to AR 635-200, she should have received an honorable discharge under paragraph 5-17, for her medical condition. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 5 March 2014 b. Discharge Received: Uncharacterized c. Date of Discharge: 27 January 2014 d. Reason/Authority/SPD/RE Code: Entry Level Performance and Conduct, AR 635-200 Chapter 11, JGA, RE-3 e. Unit of assignment: Co B, 787th MP Bn, 14th MP Bde, Fort Leonard Wood, MO f. Current Enlistment Date/Term: 15 July 2013, IADT (approx. 20 weeks OSUT or until completion) / 6 year-TPU (8-year MSO) g. Current Enlistment Service: 6 months, 13 days h. Total Service: 9 months, 25 days i. Time Lost: None j. Previous Discharges: USAR (130403-130714) / NA k. Highest Grade Achieved: E-1 l. Military Occupational Specialty: None m. GT Score: 98 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 record shows the applicant enlisted in the US Army Reserve on 15 July 2013, for a period of 6 years as a member of TPU and 2 years in the IRR. On 15 July 2013, she reported for OSUT training for approximately 20 weeks, or until completion. She was 20 years old at the time of entry and a high school graduate. Her record documents no acts of valor or significant achievement. She completed 9 months and 25 of active duty and reserve service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 22 January 2014, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 11, AR 635-200, by reason of determining that it is in the best interest of the Army to separate her for failing to adapt to military life based on the following conditions: a. For being seen by medical personnel for sacral ala stress pain that has been a consistent issue for her since her arrival and has hindered her ability to fully participate in training. b. Her medical provider submitting a memorandum stating she no longer wished to continue to train. c. The medical provider also could not find the source of the pain using radiographic means, which prevented medical personnel from determining a course of treatment that would allow her to heal in the training environment. d. Her doctor also stated she would not suffer any long-term effects from the pain. 2. The unit commander recommended the applicant’s separation from the Army with an uncharacterized discharge and advised the applicant of her rights. 3. On 16 January 2013 (sic), the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement on her behalf. The unit commander subsequently recommended the applicant’s discharge and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with an uncharacterized discharge. 4. On 23 January 2014, the separation authority waived further rehabilitation and directed the applicant’s separation from the Army with an uncharacterized discharge. 5. The applicant was separated from the Army on 27 January 2014, with an uncharacterized discharge. 6. The applicant’s record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Memorandum, 14 January 2014, subject: Initial Counseling IAW AR 635-200, Chapter 11, indicates the applicant acknowledging being counseled concerning her deficiencies and she understood she was being given ample opportunity to overcome her deficiencies; she elected the option that she would not overcome her deficiencies and waived the opportunity to do so. 2. Medical Examination for Separation Statement of Option, dated 15 January 2014, indicates the applicant declined a separation medical examination. 3. Memorandum, dated 14 January 2014, subject: Chapter 5-17 Recommendation for [the applicant], rendered by a troop medical clinic physical therapist, CPT H, is self-explanatory. 4. IADT Orders, dated 25 June 2013, with a reporting date of 15 July 2013, to OSUT training for approximately 20 weeks, or until completion. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided DD Form 214 and discharge orders for service under current review; memorandum, dated 14 January 2014; and congressional correspondence, dated 14 October 2014. 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. 4. AR 635-200, defines entry level status, in pertinent part, as it applies to ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. 5. Chapter 5, 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. 6. 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. 7. 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. The applicant’s request for an upgrade of the characterization of her discharge and to change the narrative reason for her discharge was carefully considered. 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 and reason for discharge were both improper. 2. The service record confirms the applicant completed 192 days of continuous active duty at the time her separation action was initiated. Army Regulation 635-200 stipulates that the service of a Soldier who has more than 180 days of continuous active duty at the time of the discharge from active duty will be characterized. 3. Furthermore, the applicant was diagnosed with having developed a “sacral ala” stress injury and that her medical condition prevented her from fully participating in unit PRT, running, field training, and ruck marches without increase in pain, and given her motivation and a poor prognosis for completing her training in a timely manner, the physical therapist recommended initiating a discharge under the provisions of AR 635-200, Chapter 5, paragraph 5-17, condition, not a disability. As such, a determination to change the narrative reason for her discharge would be appropriate under the aforementioned provisions. 4. In view of the above, the records show the proper discharge and separation procedures were not followed in this case. 5. 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 “Condition, Not a Disability,” under the provisions of Chapter 5, Paragraph 5-17, AR 635-200, with a corresponding separation (SPD) code of "JFV." This action does not entail a change to the reentry eligibility (RE) code. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 20 March 2015 Location: Washington, DC Did the Applicant Testify? No Counsel/Representative: None Board Vote: Character Change: 5 No Change: 0 Reason Change: 5 No Change: 0 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: Condition, Not A Disability Change Authority for Separation: AR 635-200, Chapter 5, Paragraph 5-17 Change RE Code to: NA Grade Restoration to: NA Other: Separation Program Designator (SPD) code JFV 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) AR20140004184 Page 5 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1